Jim O’Callaghan insists he will not go back on new legal aid rules as dispute ramps up

The new regulations for the criminal legal aid system at the centre of a dispute between the Government and solicitors will not be revoked, Minister for Justice Jim O’Callaghan has insisted. Many defence solicitors, particularly in Dublin, withdrew legal aid services after a new flat fee system for District Court cases 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.Speaking on Monday, O’Callaghan said he respects the work carried out by criminal defence solicitors while arguing that there has been “significant progress” in the implementation of the new legal aid system, citing the issuing of more than 3,400 legal aid certificates since it was introduced.READ MOREHe said there are “very many solicitors who are working the new system and working it very effectively” while acknowledging “there is an issue in respect of solicitors in Dublin”.O’Callaghan said he has engaged with the Law Society on this and would do so again but he urged “solicitors to continue the important work that they do, which is representing people who find themselves before the courts on criminal charges”.O’Callaghan was speaking to reporters at the annual report launch of Ruhama, an organisation that supports women impacted by prostitution. Asked if he accepted accusations that the criminal justice system is falling apart under his watch, O’Callaghan said: “I don’t accept them.”He said up to now “we’ve seen no disruption really in respect of the Circuit Criminal Court or the Central Criminal Court” and he also gets weekly reports on the District Criminal Court.“I can see that the new system is operating very effectively throughout the country,” he said. “I’m not going to revoke the new regulations. The new regulations are there. I’m happy to tweak the new regulations, if there’s a necessity to do so. I’ll engage with the Law Society in respect of that.”O’Callaghan 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. The escalation of the dispute was “entirely avoidable”, according to Sinn Féin spokesman for justice Matt Carthy. Carthy said O’Callaghan had failed to “meaningfully” engage in resolution efforts. The 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.Carthy, the committee chairman, said the decision by solicitors to withdraw from all criminal defence work marked “a very serious escalation” of the dispute. [ Meet the retirees whose hobby is watching Irish court trials: ‘It’s fascinating and costs nothing’Opens in new window ]“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 had “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.[ Huge rise in claims of unlawful detention linked to withdrawal of solicitors’ servicesOpens in new window ]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.”