Call for mediator to help resolve legal aid dispute

The president of the Law Society, Rosemarie Loftus, has called for an independent mediator to help resolve the dispute over the new criminal legal aid scheme. The minister for justice recently stated that the courts were functioning effectively, which Loftus found surprising given the significant impact the dispute is having on the administration of justice.

The dispute centers around the new flat fee payment scheme for criminal defence solicitors, which has caused nationwide disruption to court hearings and led to most solicitors withdrawing their services.

Loftus expressed deep concern over the fall in the number of legal aid certificates issued in July, which decreased by 93% compared to the same month last year. She was particularly troubled by the implications for victims of crime, those accused of crime, and the general public. Despite talks between the Law Society and the minister leading to some changes, such as staged payments, solicitors say these changes did not adequately address their core objection to the flat fee payment regardless of the work involved in different cases.

Solicitors are opposed to the new rules that treat multiple cases against an accused person as a single matter for payment if they come before the court on the same date. They argue this does not reflect the varying amounts of work required. They also want cases involving vulnerable clients that need multiple hearings to be treated differently.

In July 2026, the number of legal aid certificates granted fell drastically from 10,277 to just 702, with significant declines in the Children’s Court and Criminal Courts of Justice. For example, in Cork city, legal aid certificates dropped from 579 in July 2025 to just 18 in July 2026, a 97% decrease. Loftus emphasized that behind these numbers are individuals who are without representation, whose wait for justice is prolonged, and those directly impacted by the situation.

She called for the appointment of an independent mediator to bridge the gap between policy objectives and the practical realities faced by legal practitioners.