Representatives from the Law Society of Ireland and the Bar of Ireland appeared before the justice committee yesterday where the Law Society renewed its call for an appointment of an independent meditator to help resolve the dispute. In its opening statement the Law Society said that they hoped that a mediator, “could help bridge the gap between policy objectives of the Department and the practical realities experienced by everyone working in the courts”.

The Law Society also drew attention to the impact that the dispute was having on the constitutional right to legal representation. The Bar of Ireland characterising it as “not simply a disagreement about fees” but “the obligation on the State to maintain a functioning criminal justice system”.

However, in a later private session the justice committee agreed to send a transcript to the CCPC for comment. This referral was made at the request of Fianna Fáil senator Anne Rabbitte on the question of whether a co-ordinated withdrawal of services by competitors constitutes an object restriction on competition as prohibited by competition law.

Ms Rabbitte had asked during the public session whether the withdrawal of services by solicitors could be considered an anti-competitive boycott to which solicitor Tony Collier replied: “They have not come together as a collective and made this agreement collectively. They have agreed on an individual basis to withdraw their services.”

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.

The Law Society has made a number of calls for the appointment of a mediator to resolve the dispute none of which have been accepted. Meanwhile the number of legal aid certificates granted has collapsed with figures showing at 93 per cent reduction between July 2025 and July 2026.

The dispute looks set to continue into the new legal year.