Rosemarie Loftus

Solicitors have been withdrawing their services since June in opposition to the “one accused, one fee” model for criminal legal aid that was introduced by justice minister Jim O’Callaghan on 1 July. Under the new scheme solicitors will 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.

Mr Martin, speaking before the cabinet yesterday, dismissed calls from the Law Society to appoint an independent mediator instead stating that he thinks “direct engagement is always best”. Mr Harris echoed these sentiments stating that: “it’s clear that any dispute or disagreement ends in engagement”.

Mr Harris added that he supported the justice minister’s efforts to try to reform criminal legal aid, but that there is “clearly a difference of views” as to how that should happen.

Law Society president Rosemarie Loftus had written to the justice minister on Tuesday expressing concern at the impact the current impasse is having on the administration of justice.

Ms Loftus said yesterday: “The Law Society would welcome further direct engagement on this matter. We believe it can and must be resolved. Recent engagement was constructive and helped to narrow the issues in dispute to two core outstanding matters. We stand ready to work collaboratively to find a resolution.

“I am deeply concerned at the collapse in cases. Behind each of these numbers is a defendant without representation, a victim whose wait for justice keeps getting adjourned, a Garda anxious to bring a case to conclusion – and many others who are directly impacted. The Law Society is available to meet at any time or engage with a mediator. Our focus is on finding a workable solution and ensuring that we have a Criminal Legal Aid Scheme that works for everyone – users of the justice system and those who provide professional services to it.”

Shane McCarthy, chair of the criminal law committee at the Law Society, said: “As it stands, the criminal courts have all but ground to a halt. In July,702 certificates issued under the Criminal Legal Aid Scheme. That represents a 93 per cent drop on July 2025 when 10,277 certificates were issued. Figures for last month also show a massive decline – falling from 2,868 in August 2025 to 393 in August 2026. The initial data for September also looks stark. This is having a profound impact on all court users.”