Jim O'Callaghan rejects mediation proposal as legal aid row with solicitors continues 

The Department of Justice said more than 700 new criminal legal aid certificates have been issued since July 1

Justice Minister Jim O'Callaghan said there remains a large number of solicitors undertaking criminal legal aid cases and that over 600 solicitors remain on the Criminal Legal Aid panel. File picture: Niall Varson/PA

Justice minister Jim O'Callaghan has rejected a proposal for a mediator to be appointed to end the legal aid row with solicitors.

Some solicitors across the country have been withdrawing their services since the courts returned after the August break in opposition to the flat fee introduced by Mr O’Callaghan for criminal legal aid cases.

The Department of Justice said last week that more than 700 new criminal legal aid certificates, equivalent to approximately €400,000 in criminal legal aid fees, have been issued since July 1.

The president of the Law Society Rosemarie Loftus wrote to Mr O'Callaghan last week to request the appointment of a mediator in the legal aid dispute, as new figures showed the number of legal aid certificates issued in July fell by 93% compared with the same month last year.

However, in a letter sent today, seen by the Irish Examiner, Mr O'Callaghan rejects the proposal.

The letter reads: I have carefully considered your proposal that an independent mediator be appointed. While I appreciate the constructive intent behind that suggestion, I do not believe that mediation would assist in resolving the issues at this stage. 

"The regulations underpinning the revised Scheme are currently the subject of Judicial Review proceedings to which the Law Society is a notice party and I am the respondent. The High Court is due to deliver its judgment on October 13, 2026. In those circumstances, and out of respect for the High Court, I do not consider that it would be appropriate for me to participate in such a mediation process."

Mr O'Callaghan also says there remains a large number of solicitors undertaking criminal legal aid cases and that over 600 solicitors remain on the Criminal Legal Aid panel.

"Certificates have been assigned across 39 court areas and there has been a notable increase in participation in the panel, with three new solicitors joining and 24 solicitors seeking and being granted reinstatement."

Mr O'Callaghan goes on to assure Ms Loftus that he is "committed to supporting the operation of the criminal justice system and that the reforms I have introduced are directed solely to that purpose".

"I appreciate the important role that your members play in making the criminal justice system work effectively and efficiently and the commitment they demonstrate to their clients and to the administration of justice more generally," he adds.