Escalation of legal aid dispute ‘entirely avoidable’, Sinn Féin claims

The escalation of the dispute over changes to the criminal legal aid system was “entirely avoidable”, according to Sinn Féin justice spokesman Matt Carthy, Carthy said the Minister for Justice had failed to “meaningfully” engage in resolution efforts. Many defence solicitors, particularly in Dublin, withdrew legal aid services after a new flat fee system was introduced in July. This has led to the adjournment of thousands of criminal cases across all court divisions, adding to existing backlogs. The dispute ramped up on Monday with the withdrawal of services expanding to almost all cases.READ MOREThe new payment model provides for a single flat fee of €520, irrespective of the number of charges or appearances. Solicitors say it means they will not be paid for all the work they do, particularly in more complex cases involving children and vulnerable clients with addiction and mental health issues.Jim O’Callaghan, Minister for Justice, has repeatedly argued the new approach represents a necessary reform of criminal legal aid, will achieve cost savings and is in the public interest.He is due to appear before the Oireachtas Committee on Justice on Tuesday to be questioned over the dispute. Carthy, the committee chairman, said the decision by solicitors to withdraw from all criminal defence work marked “a very serious escalation” of the dispute. “We are now facing the real prospect of significant parts of the criminal courts system grinding to a halt if this issue is not resolved urgently,” he said. “This was entirely avoidable. For months, legal practitioners and others have warned about where this dispute was heading.”Carthy accused O’Callaghan of failing to “meaningfully” engage in efforts to resolve the dispute, saying the Fianna Fáil politician had “repeatedly sought to minimise the scale of the problem” and to dismiss legitimate concerns. “He ignored the complexity of reasons for delays in the courts, seeking to primarily blame defence solicitors, when this is not the case,” Carthy added. “As this dispute escalates, we need in particular to consider the position of victims for whom the justice system is already difficult and who should not be forced to wait longer for justice.”The Sinn Féin TD said the committee would ask “serious questions” regarding how the Minister has “allowed the situation to deteriorate to this point”.Carthy called on O’Callaghan to “engage constructively, show leadership and bring forward a resolution before access to justice is further undermined for all those who depend on our courts system”.A spokeswoman for O’Callaghan said the Minister had “introduced an 8 per cent increase in criminal legal aid fees payable to solicitors and barristers in the Circuit Court and higher courts” last July and this represents “the total restoration” of the criminal legal aid fees cut in the wake of the economic crash.“It is unnecessary and regrettable that some solicitors are choosing to withdraw their services,” said the spokeswoman.She added: “Over 150 solicitors across the country are actively working the new criminal legal aid system with more than 3,385 certificates issued [invoices for payment] for legal aid with an approximate value of over €1.7 million since July 1st.“Of the cases concluded under the new system since 1st July 2026, 75 per cent concluded with one court appearance and 99 per cent of concluded cases were finalised within five appearances.“Prior to July 1st where a case concluded in one appearance, the solicitor would earn approximately €240, under the new system solicitors earn €520.”