Brian Brennan raises alarm over €455 legal aid flat fee
Brian Brennan addressed the Taoiseach on proposed reforms to the criminal legal aid system, criticising a flat fee model that would pay solicitors a single €455 per district court criminal case regardless of appearances. He warned that solicitors have begun withdrawing services and called for urgent engagement to avoid damage to court operations.
Brian Brennan set out the proposed change: a single payment of €455 for legally aided district court cases. He relayed concerns from Criminal Justice Solicitors Ireland and spoke directly about solicitors in Wexford and Wicklow who reported a case with 27 appearances.
Members of Criminal Justice Solicitors Ireland have raised serious objections and begun withdrawing aspects of legal aid service until further notice. Brennan argued this withdrawal risks disrupting the administration of justice and the operation of the courts, and he asked whether the flat fee is reasonable for the workload described.
In reply the Deputy Taoiseach emphasised the Minister recognises the legal profession's role and said there is no intention to reduce state legal aid expenditure. He noted district court criminal legal aid spending rose from €19 million in 2015 to €37 million in 2024 and described the reform as aimed at improving efficiencies and reducing unnecessary adjournments.
The Department has met the Bar Council and the Law Society and intends to continue stakeholder engagement ahead of any reforms. Brennan insisted further urgent engagement is needed to resolve the dispute and ensure fair and sustainable remuneration for practitioners.
What he said
Brian Brennan set out the proposed change: a single payment of €455 for legally aided district court cases. He relayed concerns from Criminal Justice Solicitors Ireland and spoke directly about solicitors in Wexford and Wicklow who reported a case with 27 appearances.
Solicitors' response and immediate impact
Members of Criminal Justice Solicitors Ireland have raised serious objections and begun withdrawing aspects of legal aid service until further notice. Brennan argued this withdrawal risks disrupting the administration of justice and the operation of the courts, and he asked whether the flat fee is reasonable for the workload described.
Government response and context
In reply the Deputy Taoiseach emphasised the Minister recognises the legal profession's role and said there is no intention to reduce state legal aid expenditure. He noted district court criminal legal aid spending rose from €19 million in 2015 to €37 million in 2024 and described the reform as aimed at improving efficiencies and reducing unnecessary adjournments.
Engagement and next steps
The Department has met the Bar Council and the Law Society and intends to continue stakeholder engagement ahead of any reforms. Brennan insisted further urgent engagement is needed to resolve the dispute and ensure fair and sustainable remuneration for practitioners.
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Transcript
Taoiseach, I would like to speak to you today about the proposed reforms of the criminal legal aid system which includes the introduction of a flat fee payment model for legally aided district court cases. It is proposed that solicitors would receive a single payment of €455 for district court criminal cases regardless of the number of court appearances involved. Members of the Criminal Justice Solicitors Ireland have raised serious concerns and are urgently seeking engagement on this matter. They have already begun withdrawing service from certain aspects of the criminal legal aid work until further notice. This will have a detrimental impact on the operation of our courts and the administration of our justice and further engagement must be opened as a matter of urgency. Taoiseach, I have spoken to solicitors in Wexford and Wicklow and they have told me of one case where a solicitor has made as many as 27 appearances on behalf of one client. I am simply asking, how is this a reasonable payment for this level of work? Thank you Deputy Taoiseach, please. I think we need to be careful on all fronts here in the sense that the Minister fully recognises the critical role played by the legal profession in the effective administration of criminal justice. So there is no intention here to reduce the cost to the state of providing criminal legal aid. Just to point out that expenditure on criminal legal aid in the district court has nearly doubled from €19 million in 2015 to €37 million in 2024. So what is aimed here, the reform is aimed primarily at improving efficiencies, speeding up case resolution. There is an issue of just 29 appearances. Reducing unnecessary adjournments while ensuring fair and sustainable remuneration for legal practitioners. There is a lot of merit in what the Minister is proposing. The Minister met with the Bar Council on 27th May with the Law Society on 29th May last week and the Department will continue to engage with all relevant stakeholders, including the Law Society and the Bar Council in advance of the reforms being introduced.