Séamus Clarke SC

The Bar of Ireland previously raised concerns that the new fee structure for solicitors in the District Court introduced under the Criminal Justice (Legal Aid) (Amendment) Regulations 2026 on 1st July 2026 risks reducing the willingness of practitioners to take on criminal legal aid work - particularly in more complex cases - since it doesn’t appropriately reflect the fact that criminal proceedings vary so widely in length and difficulty.

This has already happened in the civil legal aid system, to the lasting detriment of those most in need of legal assistance.

The Criminal Legal Aid Scheme provides access to experienced and independent legal practitioners in a manner that is both efficient and cost-effective. Its continued viability is therefore essential to the proper functioning of the criminal justice system.

In expenditure terms, the Scheme, as it operated before the 1st July 2026, upon examination, was found by government analysis to be broadly similar or slightly cheaper compared to northern European peers.

Criminal legal aid is a fundamental part of ensuring access to justice and the right to a fair trial. Solicitors working in this area, and the barristers they instruct, provide a vital service on behalf of the State. Without them, the right of an accused person to a fair trial cannot be vindicated.

Just as importantly, the State’s basic obligation to maintain a functioning criminal justice system for the protection of all citizens cannot be met. Many criminal solicitors have withdrawn their services in response to the introduction of the new Scheme on the basis that it is no longer economically viable to practice in this area while providing the expertise and level of service accused persons are entitled to.

The dispute has resulted in large scale adjournments of criminal business across all court jurisdictions, including the Circuit Criminal Court and the Central Criminal Court, since July.

In Dublin alone, hundreds of people, who stand convicted of serious criminal offences, remain in the community awaiting sentence, due to their scheduled sentence hearings being adjourned throughout the month of July.

Trials of serious criminal offences across the country have been adjourned. The full effect of this disruption has yet to be felt as the backlog of cases remains to be dealt with.

The new legal year commences on the 5th October 2026. The Council of The Bar of Ireland is extremely concerned that the dispute has not yet been resolved. The prospect of continuing disruption on the advent of the new legal year is of the utmost gravity.

It is incumbent on the State to ensure that the criminal justice system is functioning in order to vindicate the rights of victims and accused persons and to protect the public.

The Council of The Bar of Ireland urges the Minister for Justice to engage further with the Law Society and with criminal defence practitioners on the genuine issues which have been raised by them in order to bring about a resolution to this dispute as soon as possible and before the new legal year begins.