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Set out pathway for fees restoration – Law Society

The Law Society has said that increased investment in criminal legal aid fees, following Budget 2025, is a step in the right direction for solicitors and barristers.

However, the rates remain far below what was paid more than a decade ago when the original cuts were made in 2009, the Law Society said.

Timeline

A clear pathway and timeline to achieve full restoration must be put in place, the representative body said this afternoon.

The Law Society welcomes comments from Justice Minister Helen McEntee that she is committed to ensuring full restoration of historic cuts, and it will seek an early meeting.

Law Society President Barry MacCarthy said “The proposed €3.9 billon investment in the justice system, including increased criminal legal aid in Budget 2025, signals a move towards creating a more efficient and effective justice system. 

"Budget 2025 includes a commitment to increase criminal legal aid by €9 million, with an 8% increase to criminal legal aid fees from 1 January 2025. 

“Increased investment here will support a more sustainable criminal defence profession and support those who cannot afford access to justice through alternative means.  

“We note the Minister’s commitment to building on the restoration of criminal legal aid fees. While this is a step in the right direction towards alleviating existing problems, this is still far below what was paid more than a decade ago," he said.

Timeline

“There needs to be a clear pathway and an appropriate timeline to full restoration of criminal legal aid fees, and we will be requesting a meeting to discuss the matter with the Minister.    

"Budget 2025 has provided €11.1 million to the Courts Service, including additional personnel to alleviate long delays in delivering justice, and €3 million funding to provide a pilot project to support the voice of the child in family justice proceedings. 

“We are heartened to see targeted investment in the Courts Service and steps towards recognising the voices of children in family law disputes,” said Mr MacCarthy.   

“The Law Society has long called for increased investment in personnel in the Courts Service to support the efficient administration of justice. Continued long-term and widespread investment in Courts Service infrastructure and staff is needed to ensure our justice system meets the needs of modern Ireland. 

“It is also noteworthy that the Decision Support Service (DSS) has been allocated up to €2 million to continue to implement the Assisted Decision-Making (Capacity) Act.” 

“Earlier this year, we raised serious concerns about the complexity and difficulty in navigating the current DSS system, which is still creating unnecessary delays and uncertainty for vulnerable individuals trying to make an Enduring Power of Attorney," he said.

Critical shortcomings 

“We hope this investment will help the DSS to directly address and prioritise the critical shortcomings in the service," MacCarthy continued. 

“Following the Department of Justice Budget 2025 briefing, we thank the Minister for committing to further progress in the areas of justice reform and investment.

“The Law Society will be seeking a meeting with the Minister and the Department of Justice in the near future to gain clarity on this matter,” he concluded.