Taoiseach will not direct justice minister as legal aid strike delays Irish trials

A flat fee at the centre of the row

Justice Minister Jim O'Callaghan introduced a €520 flat fee for criminal legal aid cases earlier in 2026. The fee is designed to match five appearances under the old scheme plus an 8% increase for all criminal lawyers. Under the old system, solicitors received €239.28 for a first appearance with a legal aid client and €59.86 for each appearance after that. Striking solicitors have rejected the flat-fee model and withdrawn their services from the courts, while still seeking further engagement with the Department of Justice. In the week of 19 October they escalated the dispute with a further withdrawal from general criminal defence work, on top of already refusing to provide free legal aid services.

Payment drop and court listings

The latest figures show more than 13,400 payment certificates for legal aid work were granted in August and September 2025. For the same two months in 2026, just 2,649 invoices have been issued, an 80% decrease year-on-year. On Monday, 26 October, the weekly listing at the Central Criminal Court included more than 20 cases, and almost half were affected by the dispute. Thirteen defendants were listed for trial, two for murder and 11 for rape and sexual assault. Mr Justice Paul McDermott said it was 'not acceptable' that cases cannot proceed because solicitors have withdrawn, and several Circuit Criminal Court cases involving drug possession, fraud and assault were also adjourned.

Complainants and custody cases

A woman who was a child when the alleged sexual offending took place more than 20 years ago was left 'extremely distressed' when her trial could not go ahead in the week of 19 October. Counsel for the Director of Public Prosecutions said she was asking for the case to be put back in for trial at the earliest possible date. Mr Justice McDermott said the earliest date he could give was in February and listed case management for 4 December. He described her as 'a casualty' of 'the prolonged dispute', saying:

“I don't know when this dispute is going to end.”

Another vulnerable complainant's trial was adjourned after Senior Counsel Eoin Lawlor asked for a delay until the following week, pointing to a High Court decision due on 3 November in a challenge to the new scheme. The judge agreed, despite eight other cases already listed for trial on 9 November. In a custody case, counsel had no instructions because of the dispute, and the judge said no one can withdraw from a custody case without the court's permission. He listed that trial for Thursday, 29 October.

Political responses

Taoiseach Micheál Martin said he is not instructing Mr O'Callaghan to end the dispute, because that is not how government generally works, but he believes a resolution is achievable. He defended the need for reform, stressing that value for money and efficiency matter, and said:

“In my view, the situation can be resolved.”

Fianna Fáil colleague Dara Calleary, the Mayo TD, dismissed solicitors' claims of 'legal aid deserts' in parts of the country and said Mr O'Callaghan had already made changes to the scheme. Calleary added that the minister would be engaging in good spirits with the Law Society. In the week of 19 October, O'Callaghan told an Oireachtas justice committee that he was happy to make minor changes but would keep the flat fee, saying:

“The fundamental principle in terms of retaining a flat fee and trying to cut down on the scandal of multiple certificates, I'm not going to change that.”

The Law Society has described the new system as 'unworkable', and talks with the minister are set for Wednesday, 28 October. The High Court is due to rule on the challenge to the scheme on 3 November.