Agreement reached on Criminal Legal Aid Scheme
Jim O'Callaghan
Justice minister, Jim O’Callaghan and the Law Society of Ireland have reached agreement on the operation of the new Criminal Legal Aid Scheme in the District Court.
In a statement the Department of Justice, Home Affairs and Migration said: “The agreement was reached after extensive talks between the parties and resolves the dispute in relation to payments surrounding elongated cases and separate and distinct cases brought on the same day.”
Solicitors had been withdrawing their services since June in opposition to the “one accused, one fee” model for criminal legal aid that was introduced by Mr O’Callaghan on 1 July. Under the new scheme solicitors receive one fixed fee of €520 for representing a legally aided person before the District Court. Previously solicitors were paid €239.38 for a first appearance and €59.86 for each subsequent appearance.
In August Mr O’Callaghan introduced changes to the scheme allowing the payment to be split with two thirds to be paid at the start of a case but the Law Society indicated that two issues remained with separate and distinct cases and complex cases.
The Law Society called for an independent mediator to be appointed to help resolve the dispute, but this offer was not taken up by the justice minister.
Last week Ms Justice Mary Rose Gearty, giving judgment in the High Court, determined that certain provisions of the scheme were “illogical” and “grossly unfair” and were ultra vires the power conferred by section 10 of the Criminal Justice (Legal Aid) Act, 1962.
According to the statement provided by the Department the District Court flat fee payment structure remains and there will no longer be multiple certs granted for separate and distinct cases.
There will be enhanced payments made for separate and distinct cases involving two or more charges which are brought on the same day.
There will also be an enhanced single flat fee payment for cases which are often elongated. These are domestic violence cases, juvenile cases and cases where the accused is placed in custody before trial.
Mr O’Callaghan, announcing the agreement, said: “I am very pleased that an agreement has been reached with the Law Society in relation to the new Criminal Legal Aid Scheme.
“The reforms which were the basis of the changes I implemented in July remain. This includes the flat fee model which removes the appearance-based fee structure and the ending of multiple certificates for one accused. This will result in a more efficient and cost-effective criminal justice system. This was the purpose of the reform I introduced.
“I want to thank my officials and the Law Society for their work on this agreement, and I look forward to the solicitors who had withdrawn their services returning to work.”


