Legal Aid

Dáil Éireann Debate, Monday - 11 September 2023

Monday, 11 September 2023

Questions (1086, 1132)

Michael Healy-Rae

Question:

1086. Deputy Michael Healy-Rae asked the Minister for Justice with regard to the withdrawal of professional service by criminal barristers which with occur on 23 October 2023 (details supplied), if she would support the call to confirm that the Government will establish a meaningful, independent and time-limited mechanism to determine the fees paid to barristers by the Director of Public Prosecutions and under the criminal justice legal aid scheme; and if she will make a statement on the matter. [37395/23]

Neasa Hourigan

Question:

1132. Deputy Neasa Hourigan asked the Minister for Justice if she will provide an update on her plans to restore fees, arising from the FEMPI cuts, for barristers under the criminal justice (legal aid) scheme; and if she will make a statement on the matter. [37960/23]

Written answers

Minister for Justice

I propose to take Questions Nos. 1086 and 1132 together.

The Deputy will be aware that the Department of Justice administers the Criminal Legal Aid Scheme and is responsible for making payments under the Scheme and that the fee rates are set with the consent of the Minister of Public Expenditure, NDP Delivery and Reform.

Let me assure the Deputy that I recognise the important role played by barristers in undertaking criminal legal aid work and I am aware of the growing concern that the failure to reverse the FEMPI cuts is having a negative impact on the ability to retain Counsel at the criminal bar.

Barristers undertaking criminal legal aid work is a fundamental part of the criminal justice system.

My Department supports the restoration of fees paid under Criminal Legal Aid and is actively engaging with the Department of Public Expenditure, NDP Delivery and Reform to expedite a resolution of this matter.

My Department is also engaging with the Bar Council regarding their proposed withdrawal of services.