Minister for Justice Jim O’Callaghan has rebuffed a request from the Law Society for the appointment of a mediator to help resolve the dispute over the new criminal legal aid scheme.
Mr O’Callaghan has said that the move would not be appropriate, given that the High Court is due to rule on the matter next month.
The dispute over the minister’s new flat-fee payment scheme for criminal defence solicitors has caused nationwide disruption to court hearings and led to the majority of defence solicitors withdrawing their services.
In a letter to the Law Society, seen by RTÉ News, Mr O’Callaghan said: “While I appreciate the constructive intent behind that suggestion, I do not believe that mediation would assist in resolving the issues at this stage.
“The regulations underpinning the revised Scheme are currently the subject of Judicial Review proceedings to which the Law Society is a notice party and I am the respondent. The High Court is due to deliver its judgment on 13th October 2026. In those circumstances, and out of respect for the High Court, I do not consider that it would be appropriate for me to participate in such a mediation process”.
Mr O’Callaghan has also disputed that there has been a collapse in the number of criminal legal aid certificates issued.
He said that since the new scheme began, over 600 solicitors remain on the criminal legal aid panel and that certificates have been assigned across 39 court areas.
In addition, he said that had been “a notable increase in participation” in the panel, with three new solicitors joining and 24 solicitors seeking and being granted reinstatement.
The minister has also said that early evidence indicated that the new scheme was achieving one of its key objectives to reduce the number of court appearances.
He said that analysis of the more than 1,400 certificates granted since the beginning of the revised scheme, showed that over 25% of these cases had already been disposed of, and more than 75% concluded in a single court appearance. 99% of cases concluded within five appearances.
He said that “while it is too early to draw definitive conclusions, these early indications suggest that the new system is achieving one of its objectives, namely the early disposal of cases arising from the removal of an appearance-based fee system”.