‘No good reason’ why cuts to criminal legal aid fees not reversed, says Minister for Justice

The Minister for Justice has said she sees “no good reason” for the failure to reverse cuts to criminal legal aid fees imposed during the financial crisis.

The matter “is very much on my agenda” for the upcoming budgetary process and her discussions with Minister for Public Expenditure Paschal Donohoe, said Helen McEntee.

She made the comments on Thursday night when addressing the annual dinner in Dublin hosted by chairwoman of the Bar council Sara Phelan.

Criminal legal aid fees were cut alongside the pay of public and civil servants under emergency legislation introduced during the financial crisis of 2008-2010.

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While most sectors have seen their pay restored, failure to reverse the cuts to criminal legal aid fees has sparked several protests led by barristers working in the District Courts. A further protest is planned for July 14th.

The cuts issue, Ms McEntee noted, has been raised by the Bar council with various Government Ministers.

She said: “None of us want to see a situation where barristers feel the need to protest on the steps of the Criminal Courts of Justice. And I of course recognise the vital role played by barristers in undertaking criminal legal aid work. I see no good reason why those in the legal profession are left waiting for crisis-era reductions to be restored, while public and civil servants have had their pay restored.”

The Minister said she hopes to enact the Judicial Appointments Commission Bill, published in March 2022, with a view to overhauling the judicial appointments system here, within the coming weeks.

“I want to be clear — the Bill has been debated long enough and we need now to progress with reform.”

Under the Bill, the commission will have to set out its strategy for the achievement of diversity among the judiciary, she said. It will have to publish regular diversity statements, including the procedures it is using to remove barriers faced by those from under-represented communities who want to become judges.

The respect in Ireland for the rule of law cannot be taken for granted and we must work together to maintain it, she said.

“An independent judiciary and the efficient and effective administration of justice are fundamental elements of that, and the Judicial Appointments Bill will uphold those traditions. "

The Minister said we are “in the midst of a period of significant reform”, including the establishment of a new Planning and Environmental Court.

The building of a new Family Justice System “is particularly close to my heart”, she said.

Through the implementation of the Family Justice Strategy, her intention is to have a family justice system “with the interests of children and families at its core”.

She welcomed the publication earlier this year of the report of the Judicial Planning Working Group.

Its recommendations have been welcomed in all quarters and are the basis on which the appointment of an additional 24 judges was approved by Government last February, she said.

Those appointments have begun and a further 20 judges will be appointed “on the condition of certain reforms and efficiencies having been implemented”.

The appointments will be complemented by ensuring adequate support staff and accommodation are in place across the courts’ estate, she said.

“And, in tandem with this, I also know that commitments to reform from the judiciary and legal sector will be fulfilled.”

The reform agenda includes implementation of the report of the civil justice review group, headed by former High Court president, Mr Justice Peter Kelly, the Minister outlined. “It is worth reminding ourselves again of its goal: enabling easier, cheaper and quicker access to civil justice.”

Work continues on a modernisation and digital-first agenda across the Courts Service and the entire justice sector, she said.

She paid warm tribute to the Bar council for its work aimed at increasing diversity at the Bar and its recently launched Equitable Briefing Policy.

“I commend you on that work, and I hope the State plays its part in achieving equality in briefing,” she said.