Minister has 'deep concern' that solicitors' legal aid row affected only rape cases on Monday

At a meeting of the Oireachtas justice committee, justice minister Jim O’Callaghan is expected to double down on his legal aid reforms

Criminal defence solicitors stage a protest over legal aid reforms on the first day of the new legal term outside Central Criminal Court in Dublin on October 5. Solicitors have been striking since, with many withdrawing from the legal aid panel. File picture

Questions need to be answered about why the only cases that did not proceed in the Dublin Central Criminal Court on Monday due to the solicitors' strike were those involving rape allegations, justice minister Jim O’Callaghan will say tomorrow.

At a meeting of the Oireachtas justice committee, the minister is expected to double down on his legal aid reforms, saying that he “cannot ignore the fact” that criminal case volumes in the District Court have decreased, while expenditure on legal aid rose from €19m in 2015 to €41m in 2025.

Since July 1, criminal defence solicitors working in the district court under the legal aid system have been paid a flat fee of €520 once the case concludes. Previously, they were paid €240 for the first appearance and €60 for subsequent appearances.

Solicitors have been striking since, with many withdrawing from the legal aid panel. Mr O’Callaghan is expected to tell committee members the “majority of cases [have] proceeded without issue”, noting that Waterford and Limerick District Courts are “unaffected by the strike”.

He will say there were 12 new trials listed in the Central Criminal Court in Dublin on Monday. Juries were sworn in on two cases, with a guilty plea entered on a third.

Another three trials were adjourned to October 20 that were “unaffected by the withdrawal of services”.

“Six cases were adjourned due to the withdrawal of services by solicitors,” he will say. “Every one of these was a case involving an allegation of rape.

“I should place on record my deep concern that the only cases deliberately affected by the withdrawal of services in the Central Criminal Court were those involving allegations of rape. I believe this committee and indeed the public are entitled to an answer as to why this is the case.”

Mr O’Callaghan will argue 3,385 criminal legal aid certificates have been issued in the district court since the new arrangements were introduced, valued at €1.76m.

He will say the top three earning solicitors under the new scheme earned €163,280, €132,000 and €109,720 respectively since July 1.

Some 177 solicitors have signed up to the new system, with 51 solicitors who previously resigned from the legal aid panel in July subsequently reinstated.

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Mr O’Callaghan will argue the system had to be changed due to “more appearances and longer trials due to an appearance-based fee structure”.

He will say that 100,000 Criminal Legal Aid certificates were issued in the district court in 2025, with 25% being multiple certificates for cases heard together.

“In approximately 900 individual accused, 10 or more multiple certificates were granted on the same day for charges heard together,” he will say.

Mr O’Callaghan will also provide examples of multiple certificates being issued. This will include a sexual offences trial in Cork District Court where 112 legal aid certificates were granted for eight court appearances, costing €63,200.

• Louise Burne, political correspondent