Criminal legal aid system misused by some, minister says
By Cillian Sherlock, Press Association
There are examples of the criminal legal aid system being “misused”, a Cabinet member has said amid a dispute between solicitors and Justice Minister Jim O’Callaghan.
O’Callaghan, a barrister, has faced criticism from solicitors for reforms which implemented a flat fee for their work with criminal legal aid clients regardless of how many appearances were involved in the case.
Up to 200 solicitors have indicated they would resign from the panel in protest at the move – impacting several proceedings.
The Justice Minister has claimed the “vast majority” of solicitors are “still working”, but this has been characterised as a misrepresentation of the dispute as work is concentrated among a cohort of solicitors.
Analysis of criminal legal aid payments to solicitors in 2025 shows that almost 60 per cent of all the fees paid last year went to the 100 top-earning solicitors on the list – rising to 80 per cent and more than 90 per cent when expanded to top 200 and top 300 respectively.
There were 764 solicitors on that list.
On Tuesday, Tánaiste Simon Harris said O’Callaghan is supported by the Government in trying to reform legal aid, but said he hoped “progress can be made on” engagement and discussion.
Pressed on whether O’Callaghan should meet the Law Society over the dispute, the Fine Gael leader told RTÉ’s Today with David McCullagh programme that it was not for him to tell the minister what to do.
However, he added: “There always needs to be engagement between whoever that is in terms of trying to find landing zone.”
Harris, who is also the Finance Minister, said Government supports “the direction of travel” taken by O’Callaghan in reforming legal aid expenditure – adding it had “very significantly ballooned” in recent years.
The Justice Minister has already increased the rate offered to solicitors under his reforms.
Meanwhile, his Fianna Fáil colleague and Higher Education Minister James Lawless said he was aware of “examples of the system being misused”.
Lawless – also a qualified barrister – said: “I would have been aware from my previous law practice that there were examples of the system being misused, frankly, within some of the criminal law sphere.
“That’s not to say for a moment that every solicitor, every practitioner was involved in that – not at all.
“But it was a system that was open to abuse at times, and I think unfortunately some of that would have manifested in certain quarters.”
Speaking at an EU Presidency press conference, he added: “I think what the minister is doing is trying to tackle that.
“I think he’s already compromised. He’s already increased the base fee in the new proposals, and I’ve got every confidence that he will work through this dispute.”
Pressed on whether he believed O’Callaghan should meet with the Law Society, Lawless said: “I’m not my brother’s keeper – or my minister’s keeper – and I absolutely trust the minister will make the right calls for his own department.”
