Over €73m spent on criminal legal aid in 2021, figures show

Justice Minister Helen McEntee confirmed the spend, which has increased by €20.5m since 2016

Under the criminal legal aid scheme, senior barristers command ‘brief’ fees of €7,127 for defending murder accused in the Central Criminal Court and €1,562 for each subsequent day after the first day.

Payments through the criminal legal aid scheme to lawyers and court-appointed experts last year surged by €11.2m or 18% to €73.4m.

That is according to new figures provided by the Minister for Justice, Helen McEntee, who confirmed that the €73.4m outlay for 2021 compares to a spend of €62.2m in 2020.

In a written Dail reply to Independent TD Richard O'Donoghue, Ms McEntee disclosed that the spend of €73.4m for 2021 is a €20.5m increase on the €52.9m spent in 2016.

Pay under the scheme rebounded last year after the Covid-19 pandemic forced the postponement of murder, rape, and other criminal trials in 2020.

The bulk of the monies, which includes a 23% Vat component, is paid to solicitors and barristers while a small portion goes to the likes of psychiatrists asked to carry out court-ordered expert reports on accused persons before the courts.

Under the scheme, senior barristers command ‘brief’ fees of €7,127 for defending murder accused in the Central Criminal Court and €1,562 for each subsequent day after the first day.

The surge in criminal legal aid pay last year took place due in part to a sharp rise in legal certificates issued reflecting increased court work.

The spokeswoman said that there was an under-spend of €3.1m in 2020 and the processing of claims from 2020 were delayed owing to Covid restrictions in the offices of the Courts Service.

She explained: “The claims weren’t processed until December 2020 and received in Financial Shared Services during January, February, and March of 2021. Therefore, part of the underspend in 2020 appears in the expenditure for 2021." 

The spokeswoman confirmed that the breakdown of the amounts paid to solicitors and barristers is not yet available.

In 2020, Dublin-based solicitor, Michael Hennessy received the highest amount in criminal legal aid payments amongst solicitor practices when his practice received €638,843.

He said yesterday: “Solicitors and barristers were essential workers throughout the pandemic and provided daily legal services despite lockdown and at a rate of pay which was reduced by 40% during austerity and which has remained at that level since.

Where there was a no-fault backlog from 2020, with new cases inevitably arising in 2021 and in consideration of the work put in by the lawyers, any ostensible spike in payments is more apparent than it is real.

Clare-based solicitor, Daragh Hassett contends that the criminal legal aid scheme “offers value for money”.

He said: “The headline figure does not represent the net payment each solicitor receives. Far from it. There are issues such as income tax and Vat to deal with separately, not to mention the cost of running a back office, properly staffed to meet the demands of clients and courts so the legal system can function properly.

Mr Hassett added: “The work is very challenging at times, far from glamorous, and a lot of it entails phone calls, court sittings, Garda station and prison visits well outside of what is considered the normal working day and often at weekends.” 

He said legal practices like his own in a provincial town “are hugely invested in our communities and take an interest in our clients and their families”.

“Everybody is entitled to proper, independent representation and having access to an experienced, community-focused solicitor where you can’t afford one can only be good for society."

The Department of Justice spokeswoman said that criminal legal aid “is a vital element of the criminal justice system” and that the Criminal Justice (Legal Aid) Act 1962 gives effect to the constitutional right that legal aid may be granted for the defence of persons of insufficient means in criminal proceedings.