I propose to take Questions Nos. 123, 124, 125, 133 and 154 together.
I 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.
The Department of Justice has commenced a review of Criminal Legal Aid and has a dedicated team of officials currently working on this. The Department has been and will continue to engage with all relevant stakeholders including the legal professions, on the modernisation and funding of the legal aid system.
The team are currently laying the foundations for an improved, more efficient system of administering Criminal Legal Aid and intend to work collaboratively with all relevant stakeholders. Indeed the review and modernisation of the Criminal Legal Aid Scheme was discussed with the Bar Council and Law Society when my officials met with them. Their input is an important part of the process.
Last summer I told the Bar Council that I saw no good reason why those in the legal profession are left waiting for crisis-era reductions to be restored. That is still my position.
I said last summer that I wanted to make progress on criminal legal aid in last year’s budget and I did just that.
I secured €9 million to provide for a 10% increase in criminal legal aid fees, which came into effect from 1 January 2024.This represented progress.
I will be equally clear regarding my intentions this year. I will again seek to make progress in this year’s budget in relation to restoration of criminal legal aid fees.
However, as the Deputy will know, we cannot make Budget announcements months ahead of Budget Day. There is a budgetary process which must be followed.
While I cannot pre-empt a budgetary decision, I hope that the progress we achieved last year is a sign of good faith on my part and the part of the Government that more can be achieved this year.
To further modernise the Criminal Legal Aid system, the General Scheme of the Criminal Justice (Legal Aid) Bill 2023 was published in July 2023.
The key purpose of the Bill is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to otherwise update the administration of criminal legal aid.
This Bill will modernise the operation of the Criminal Legal Aid Scheme, introducing strengthened oversight and governance structures.
Officials in the Department of Justice have recently met with representatives of the Bar Council and Law Society. It is my intention that significant progress will be made on this as Department officials continue to engage with the legal professions.
Barristers instructed by the State to prosecute in criminal cases are paid by the Office of the Director of Public Prosecutions (ODPP), who is independent in the remit of her functions and as such any queries relating to the fees of prosecuting barristers will need to be addressed by the ODPP directly.
