Jim O'Callaghan

Justice, home affairs and migration minister Jim O’Callaghan last night announced he is seeking to introduce a system whereby one flat fee will be paid for representation from beginning to end of a case.

Under the proposed reforms, the fee paid to practitioners will not increase based on the number of appearances of legal aid certificates granted.

Mr O’Callaghan said the changes “will lead to a more efficient system by reducing unnecessary adjournments” — suggesting lawyers are deliberately slowing down cases.

His department says expenditure on criminal legal aid in the District Court has increased from €19 million in 2015 to €37 million in 2024 despite a decrease in volume of cases.

The changes are proposed to be implemented by 1 July 2026, the same date when restoration of fees will commence.

The Department of Justice has said it will engage with the Law Society of Ireland and other stakeholders ahead of the changes.

Mr O’Callaghan said: “My department reviewed more than 350,000 District Court cases which took place during 2022 and 2023. The reform I am announcing today aims to address structural issues identified during this review, such as unnecessary adjournments resulting from the payment per appearance model.

“I have informed government of my proposal to replace the existing fee structure with one flat fee. This will be payable regardless of the number of appearances, multiple certificates for cases heard together, or number of accused represented.

“This reform will lead to a more efficient system by reducing unnecessary adjournments. It will also simplify the administration of criminal legal aid, resolve cases sooner, and ensure practitioners are remunerated fairly.”