Law Society seeking meeting with government after legal aid decision

Law Society seeking meeting with government after legal aid decision

Pictured: Barry MacCarthy, president of the Law Society of Ireland.

The Law Society of Ireland has said it is seeking a meeting with justice minister Helen McEntee over her decision to keep legal aid fees at a level “still far below what was paid more than a decade ago”.

An eight per cent increase in criminal legal aid fees will take effect from 1 January 2025, Mrs McEntee announced last week. It follows a 10 per cent increase the year before, but does not represent a full unwinding of cuts imposed after the 2008 financial crisis.

The Bar Council, which organised an unprecedented withdrawal of services by criminal barristers over three days this summer and one day last October in a bid to pile pressure on the government on the legal aid issue, has said it will consult members on its next steps.

Law Society president Barry MacCarthy said: “The proposed €3.9 billion 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 eight per cent 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.

“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.”

The Law Society gave a warmer welcome to other aspects of the new justice budget.

“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,” Mr McCarthy said.

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

“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.”

He added: “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.

“We hope this investment will help the DSS to directly address and prioritise the critical shortcomings in the service.”

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