My Department is responsible for the payment of legal fees to defence counsel under the Criminal Legal Aid Scheme while barristers instructed by the State to prosecute in criminal cases are paid by the Director of Public Prosecutions.
The Deputy will appreciate that the Director of Public Prosecutions is independent in the performance of her functions and does not come within the remit of my Department.
As I outlined in my reply to Question No. 521 of 1 June 2021, responsibility for unwinding professional fee cuts imposed between 2008 and 2011 rests with my colleague, the Minister for Public Expenditure and Reform. However, my Department has engaged with all relevant stakeholders, including the Department of Public Expenditure and Reform, with a view to having this issue resolved as it also impacts on defence counsel. My predecessor Minister Helen McEntee also met with the Bar Council on 23 September 2020.
It is my understanding that the matter is under consideration by the Minister for Public Expenditure and Reform and will be examined further in the context of wider public pay policy and the implications for public expenditure.
