High Court rules new criminal legal aid scheme ultra vires and unfair

The High Court has declared that the new criminal legal aid payment scheme is “grossly unfair” and beyond the justice minister’s statutory powers.

In a judgment delivered on Tuesday, Ms Justice Mary Rose Gearty said the regulations create a “demonstrably illogical process” and fail to establish a rational system for the District Courts.

The decision follows an application by Dublin criminal‑defence solicitor John Quinn, who sought to have the statutory instrument quashed. The contested scheme, introduced earlier this year by Justice Minister Jim O’Callaghan, imposes a €520 flat fee intended to cover five appearances – the average under the previous arrangement – and includes an 8 % increase in fees for all criminal lawyers.

Under the former system solicitors received €240 for a first legal‑aid appearance and €60 for each subsequent appearance. The flat‑fee model prompted many criminal‑defence solicitors to withdraw services, arguing it did not accommodate multiple or highly complex cases.

Justice Gearty found that the regulation requiring certification based solely on the date a case is listed removes discretion, creates potential for abuse and exceeds the minister’s authority under the legislation. She noted that a solicitor could be paid twice for charges arising from the same events, yet receive only one payment when an accused faces several different offences on the same court date.

The judge will issue final orders after further submissions. The Department of Justice has been contacted for comment.

Source: Irish Examiner. Photo: Phil Evenden / Pexels.