Dáil Éireann Debate, Tuesday - 22 November 2022
543. Deputy Niall Collins asked the Minister for Justice her plans to restore financial emergency measures in the public interest, FEMPI, cuts to the fees of free legal aid service providers; and if she will make a statement on the matter. [57359/22]
View answerMy 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 Prosecution. 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.
It is important to clarify that responsibility for FEMPI fee restoration rests with my colleague, the Minister for Public Expenditure and Reform. I understand that reversal of the pay adjustments referred to by the Deputy is under consideration in that Department.I also wish to reassure you that my Department has been engaging with all relevant stakeholders, including the Department of Public Expenditure and Reform, to resolve this matter.As committed to in my Justice Plan 2022, I recently announced a comprehensive review of the Civil Legal Aid Scheme, for the first time in its more than 40-year history.The review will allow for an assessment of how flexible and responsive the scheme is to the needs of those it is intended to serve. A Review Group has been established, which as part of its work, will examine the modes of delivery of legal aid and advice provision under the scheme as well as the types of legal determination for which legal representation should be provided.The Review Group will make recommendations for the future of the Civil Legal Aid Scheme to effectively meet the priority legal needs of those of limited means, as well as recommendations related to the effective resourcing of the scheme to achieve this.The Review Group held its first meeting on 22 June 2022 and its work is now ongoing. On 14 November, I welcomed the opening of a consultation to seek the views of key stakeholders on how the Civil Legal Aid Scheme can be reformed. This call for submissions is the first element of the consultation and will remain open until 6 January 2023. It is an important opportunity for stakeholders to express their views and inform the Group’s thinking on the current scheme and its recommendations for the future.Full details of the submission process can be found here: www.gov.ie/en/consultation/a7aa6-stakeholder-consultation-on-the-review-of-the-civil-legal-aid-scheme/.
