'System open to abuse at times': Minister claims criminal legal aid system misused

Justice minister has faced criticism from solicitors for reforms which implemented a flat fee for their work with criminal legal aid clients regardless of how many appearances were involved in the case

Justice minister Jim O'Callaghan has claimed the vast majority of solicitors are still working. Picture: PA

There are examples of the criminal legal aid system being “misused”, a Cabinet member has said amid a dispute between solicitors and justice minister Jim O’Callaghan.

Mr O’Callaghan, a barrister, has faced criticism from solicitors for reforms which implemented a flat fee for their work with criminal legal aid clients regardless of how many appearances were involved in the case.

Up to 200 solicitors have indicated they would resign from the panel in protest at the move, which would impact several proceedings.

Mr O'Callaghan has claimed the “vast majority” of solicitors are “still working”, but this has been characterised as a misrepresentation of the dispute as work is concentrated among a cohort of solicitors.

Analysis of criminal legal aid payments to solicitors in 2025 shows that almost 60% of all the fees paid last year went to the 100 top-earning solicitors on the list — rising to 80% and more than 90% when expanded to the top 200 and top 300, respectively.

There were 764 solicitors on that list.

Tánaiste Simon Harris (Liam McBurney/PA)

On Tuesday, Tánaiste Simon Harris said Mr O’Callaghan is supported by the Government in trying to reform legal aid, but said he hoped “progress can be made on” engagement and discussion.

Pressed on whether Mr O’Callaghan should meet the Law Society over the dispute, the Fine Gael leader told RTÉ’s Today with David McCullagh programme that it was not for him to tell the minister what to do.

However, he added: “There always needs to be engagement between whoever that is in terms of trying to find landing zone.”

Mr Harris  said the Government supports “the direction of travel” taken by Mr O’Callaghan in reforming legal aid expenditure, adding that it had “very significantly ballooned” in recent years.

The justice minister has already increased the rate offered to solicitors under his reforms.

Justice Minister Jim O’Callaghan (Brian Lawless/PA)

Higher education minister James Lawless: There were examples of the system being misused. Picture: Brian Lawless/PA

Meanwhile, his Fianna Fáil colleague and higher education minister James Lawless said he was aware of “examples of the system being misused”.

Mr Lawless, also a qualified barrister, said: “I would have been aware from my previous law practice that there were examples of the system being misused, frankly, within some of the criminal law sphere.

“That’s not to say for a moment that every solicitor, every practitioner was involved in that — not at all.

“But it was a system that was open to abuse at times, and I think unfortunately some of that would have manifested in certain quarters.”

Speaking at an EU Presidency press conference, he added: “I think what the minister is doing is trying to tackle that.

“I think he’s already compromised. He’s already increased the base fee in the new proposals, and I’ve got every confidence that he will work through this dispute.”

Pressed on whether he believed Mr O’Callaghan should meet with the Law Society, Mr Lawless said: “I’m not my brother’s keeper — or my minister’s keeper — and I absolutely trust the minister will make the right calls for his own department.”