Tony Collier of Ferrys Solicitors has told the Oireachtas Committee on Justice that the figures relied upon by the Minister for Justice as evidence that the new criminal legal aid scheme is working cannot be relied upon. Our criminal defence solicitors act for clients in the District Court, Circuit Court and Central Criminal Court, much of it under the criminal legal aid scheme.
The figures the Minister has relied on
The Minister, Jim O'Callaghan, has pointed to more than 1,400 certificates issued since the revised scheme came into effect. He has said that more than a quarter of the cases in which certificates were granted have already been disposed of, that more than 75 per cent of those concluded in a single court appearance attracting the full fee of €520, and that 99 per cent concluded within five appearances.
Why Tony Collier says the statistics cannot be trusted
Mr Collier told the committee that practitioners do not see the level of take-up that the Minister has described. He said the statistics "cannot be trusted" because legal aid certificates are normally issued on the application of a solicitor on behalf of an accused person, whereas judges are now issuing certificates without any such application in order to meet their own constitutional obligations.
"That legal aid certificate has no effect," he said. "You know, it's a zombie legal aid certificate."
An 86 per cent fall in legal aid certificates
Law Society president Rosemarie Loftus told the committee that the issuing of criminal legal aid certificates fell by 86 per cent between August 2025 and August this year, from 2,868 to 395.
The vice chair of the Law Society's criminal law committee, Amanda Connolly, said the Society has not been given the data behind the Minister's assertions despite requesting it on a number of occasions. She said the Society has also sought the data behind the study underpinning the decision to set the scheme's figure at five appearances.
Open to reform, but not to a flat fee
Solicitor Michael Finucane told the committee that the Minister's approach to the dispute has led to hostility and resentment among solicitors, and said a considered approach with real engagement and discussion could have avoided the disruption that has followed. He said practitioners are willing to bring forward reform proposals, but will not propose a flat fee with no exceptions, considerations or allowances, because that is not how the criminal justice system operates.
The dispute arose when the Minister replaced the previous per-appearance fee for District Court criminal legal aid with a flat rate in July, prompting hundreds of solicitors to withdraw their services. Solicitors involved in the action have said they are open to reform but have rejected the flat-fee model, which the Minister has said equates to the average of fee appearances under the previous system.
Committee calls on the Minister to appear
Committee members noted that the Minister did not take up an invitation to attend the hearing, and called on him to appear before the committee at the earliest opportunity. Members raised concerns about the effect of the dispute on court users, on access to justice and on victims, and questioned the Minister's decision not to engage in mediation while the judicial review remains before the courts. Judgment in those proceedings is expected on October 13.
Committee members also warned of the effect on trial courts when they resume hearing cases in October, with concern expressed about the impact on those involved in serious and distressing cases.
The competition law question
Asked whether the withdrawal of services amounted to a breach of competition law, Mr Collier said that solicitors are not compelled to work under the scheme, that services had been withdrawn on an individual basis, and that the position is that the Minister changed an existing legal aid model.
Read the full original report here: Irish Independent