Dáil Éireann Debate, Tuesday - 21 January 2014
506. Deputy Clare Daly asked the Minister for Justice and Equality the various fees paid to senior counsel, junior counsel and solicitors under the criminal legal aid scheme on an annual basis over the past ten years; the basis upon which these fees have been calculated with particular reference to the way increases were applied. [2487/14]
View answerThe Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The granting of aid is a matter for the court.
A new computer system was introduced in the Financial Shared Services of the Department in 2006 and it is only possible to provide figures in the format sought from 2006 onwards. Total expenditure under the Criminal Legal Aid Scheme to senior counsel, junior counsel and solicitors for the years 2006 to 2013 is set out below.
|
Year |
Expenditure €000 Solicitors |
Expenditure €000 Junior Counsel |
Expenditure €000 Senior Counsel |
|
2006 |
€24,802 |
€9,184 |
€6,495 |
|
2007 |
€27,645 |
€10,655 |
€6,501 |
|
2008 |
€33,355 |
€12,261 |
€7,404 |
|
2009 |
€37,184 |
€12,823 |
€7,589 |
|
2010 |
€33,932 |
€13,257 |
€6,857 |
|
2011 |
€33,055 |
€12,426 |
€6,808 |
|
2012 |
€29,326 |
€11,160 |
€6,543 |
|
2013 |
€29,686 |
€11,503 |
€6,592 |
Under the relevant regulations, fees paid to counsel acting in the Circuit and higher courts for defendants who have been granted free legal aid are paid on a parity basis with the fees payable to prosecution counsel as set by the Director of Public Prosecutions (DPP). The fees paid to solicitors for the defendant are related to those paid to junior counsel. Details of the main fees payable are set out in the table below. These fees were subject to increases/decreases by the Office of the Director of Public Prosecutions in recent years as follows:
|
Date |
Increase/Decrease |
|
01 July 2004 |
5% increase |
|
01 December 2004 |
2% increase |
|
01 June 2005 |
1.5% increase |
|
01 December 2005 |
1.5% increase |
|
01 June 2006 |
2.5% increase |
|
01 December 2006 |
3 % increase |
|
01 June 2007 |
2% increase |
|
01 March 2008 |
2.5% increase |
|
01 March 2009 |
8% decrease |
|
01 April 2010 |
8% decrease |
|
01 October 2011 |
10% decrease |
SCHEDULE OF MAIN FEES
Senior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,716 |
€858 |
€370 |
€185 |
|
Central Criminal Court/Murder |
€7,127 |
€1,562 |
€370 |
€185 |
|
Central Criminal Court/Rape |
€5,704 |
€1,562 |
€370 |
€185 |
Junior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€572 |
€247 |
€124 |
|
Central Criminal Court/Murder |
€4,752 |
€1,041 |
€247 |
€124 |
|
Central Criminal Court/Rape |
€3,803 |
€1,041 |
€247 |
€124 |
Solicitor
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€418 |
€180 |
€90 |
|
Central Criminal Court/Murder |
€7,127 |
€750 |
€180 |
€90 |
|
Central Criminal Court/Rape |
€3,803 |
€760 |
€180 |
€90 |
