Dáil Éireann Debate, Wednesday - 11 October 2023
10. Deputy Gino Kenny asked the Minister for Justice what steps her Department has taken in relation to recent industrial action at the Criminal Courts of Justice; and if she will make a statement on the matter. [43853/23]
View answerBoth Minister McEntee and I recognise that the role played by barristers and solicitors in undertaking criminal legal aid work is a fundamental part of the criminal justice system.
The Constitution obliges the State to provide an accused person with the means to obtain appropriate legal representation.
To protect that right and ensure due process, the Criminal Justice (Legal Aid) Act, 1962 provides for the operation of the Criminal Legal Aid Scheme which sets out that free legal aid may be granted, in certain circumstances, for the defence of people who have insufficient means in criminal proceedings.
It is the courts, through the judiciary, who are responsible for the granting of legal aid and the Department of Justice is responsible for the payment of fees under the Scheme.
It is vital that experienced practitioners continue to be willing to provide their services under the Scheme and that the rates payable are sufficient to ensure that newly qualified lawyers can continue to opt to practice criminal law.
This is central to upholding the rights of accused persons under the Irish Constitution and the European Convention on Human Rights and ensuring a fair trial.
Like Minister McEntee, I fully recognise the important role played by barristers and solicitors in the administration of criminal justice – both in the context of working to defend those accused and working with the Office of the Director of Public Prosecutions in respect of prosecutions.
I met recently with representatives of the Bar Council to hear their concerns first hand and I am pleased that it was possible to address these concerns in the context of Budget 2024 which has provided for an increase of 10% in fees to barristers and solicitors under the Criminal Legal Aid Scheme.
As already indicated by Minister McEntee, I want to again make it clear that this 10% increase is the starting point in a wider process.
It is the first step on a pathway to further engaging with the profession and with the Department of Public Expenditure, NDP Delivery and Reform.
I also think it is important to reiterate that work to modernise and improve the operation of the Criminal Legal Aid Scheme is underway. As part of that process, officials in the Department will engage with the legal profession with a view to identifying further reforms in the context of the new Criminal Legal Aid Bill currently being drafted, to modernise the Criminal Legal Aid Scheme, including identifying reforms to fees.
This process will chart a path to greater transparency and fairness in the level of fees paid under criminal legal aid. These are necessary reforms which will further support the reforms being introduced in the Criminal Legal Aid Bill.
