Flat fee for solicitors confronts 'very clear abuses' in free legal aid system, minister says

There are ongoing strikes by solicitors this week and next over the Department of Justice’s plans to reform the fee structures for the free legal aid system

Justice minister Jim O'Callaghan said the new scheme would be 'very generous' and he saw 'no reason as to why there’s any need for solicitors to withdraw their services'.

Justice minister Jim O’Callaghan has said that there are “clear abuses” of the free legal aid system by solicitors.

It comes amid ongoing strikes by solicitors this week and next over the Department of Justice’s plans to reform the fee structures for the free legal aid system.

New legal aid rules are due to come into effect on July 1, with solicitors taking action at the proposed “one accused, one fee” system, which proposes a flat fee of €455 per case.

Under the existing system, solicitors receive €239.39 per defendant for the first two cases, €143.61 for each additional case on the first day, and €59.86 for each subsequent hearing day.

Mr O’Callaghan said there has been “extensive consultation” with the Law Society, with talks ongoing this week.

However, he said spending on free legal aid increased from €19m in 2015 to nearly €40m in 2025. This, he argued, is despite the number of criminal cases in the district court declining.

“What I don't want to see is what is happening at present where you have a series of ongoing adjournments with the case not being determined promptly,” he said.

“If you look at the statistics in respect of the length of time it takes for a criminal legal aid case to conclude, you can see that it takes 313 calendar days for a district court case subject to criminal legal aid to conclude, whereas for those without criminal legal aid, it's 133 days.

“I regret to say, as well, there are very clear abuses going on in the system, and I would not be performing my function as minister for justice if I didn't seek to confront that.”

Amid reports that gardaí fear prosecutions may collapse due to people’s inability to access free legal aid, Mr O’Callaghan downplayed the prospect.

“It may be used as a line of defence, but I don't believe it will be an effective line of defence,” he continued. “We have a very competitive solicitors’ profession in Ireland. There are lots of young people out there looking to get work.”

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The justice minister said the new scheme would be “very generous” and he saw “no reason as to why there’s any need for solicitors to withdraw their services”.

An unpublished confidential report compiled by the Department of Justice found several issues with the free legal aid system. 

These included cases taking two-and-a-half times longer than those not involving free legal aid, multiple solicitors from one firm representing one client on different charges and all receiving free legal aid certificates, and courts not asking for statements of means.

• Louise Burne is a political correspondent for the Irish Examiner