Law Society urges Justice Minister to engage on contested legal aid fee reforms

The Law Society has expressed deep disappointment that Justice Minister Jim O’Callaghan turned down a proposal for an independent mediator to address the controversy surrounding the new flat-rate criminal legal aid fees in the District Court. Rosemarie Loftus, the Society’s president, sent a letter urging the minister to engage before the new legal year begins, arguing that the reforms show a fundamental misunderstanding of how the court functions and have caused severe disruption, including a sharp drop in legal aid certificates.

O’Callaghan said he is waiting for a judicial review judgment scheduled for October 13 before proceeding with mediation, but the Society maintains that the state should avoid litigation where possible. The minister highlighted that nearly 2,200 certificates have been issued under the new scheme, claiming most cases are resolved quickly, while the Society disputes the transparency and accuracy of the data. The dispute has led hundreds of solicitors to withdraw services, creating delays in sentencing for offenses such as assault and sexual assault.

The Department noted that the previous system took an average of 313 days for legal-aid cases, compared with 133 days for non-aid cases, and the reforms aim to improve efficiency. Critics warn the one-size-fits-all approach may undermine access to justice.