Jim O’Callaghan, the minister for justice, home affairs and migration, yesterday said a €27 million increase to the criminal legal aid budget would allow for the full restoration of fees “in conjunction with systemic reform of the criminal legal aid system”.

Criminal legal aid fees remain well below pre-2008 levels in nominal terms, not taking into account inflation and increases in the cost of living, despite barristers staging unprecedented strikes in 2023 and 2024.

An eight per cent increase in criminal legal aid fees took effect on 1 January 2025 and followed a 10 per cent increase the previous year.

The full restoration of criminal legal aid fees was included in the programme for government, but without a concrete timetable.

Mark Garrett, director general of the Law Society of Ireland, said: “This decision is long overdue in order to ensure the sustainability of Ireland’s criminal defence profession.

“Criminal legal aid is vital for those who cannot afford access to justice through alternative means.”

Bar Council chairman Seán Guerin SC said: “We look forward to the implementation of the restored fee rates at the earliest opportunity, and no later than 1 January 2026.

“The restoration of fees is not only a matter of fairness but of urgency — the sustainability of criminal practice, and by extension the functioning of the criminal justice system, depends on it.”

Both the Law Society and the Bar have pressed the minister to expand the provision of civil legal aid as well.

“Budget 2026 was a missed opportunity to deliver the immediate increase in the eligibility thresholds as recommended by the Civil Legal Aid Review,” Mr Garrett said.

“Until the thresholds are increased, many people will continue to be locked out of the justice system.”

Mr Guerin added: “While progress on fees for criminal work — both prosecution and criminal legal aid — is positive, it is vital that equal priority be given to addressing pay structures and rates within the civil legal aid system.

“The right of access to justice for all citizens depends on ensuring that practitioners are adequately supported to continue this essential work.”