Minister 'concerned' at growth in legal aid fees

MINISTER FOR Justice Dermot Ahern has expressed “extreme concern” at the latest increase in payments to solicitors and barristers…

MINISTER FOR Justice Dermot Ahern has expressed “extreme concern” at the latest increase in payments to solicitors and barristers through the State’s criminal legal aid scheme.

Figures released by the Department of Justice yesterday showed that payments under the scheme increased last year by €4.5 million to €57.5 million. This is in spite of measures introduced earlier this year designed to reduce the cost of the scheme to the taxpayer.

Under the scheme, the State provides free legal aid for defendants who do not have sufficient means to pay for their own legal representation.

The new figures show that last year, criminal legal aid payments to solicitors’ firms increased by 11 per cent from €33.35 million to €37.1 million, while payments to barristers increased by 2 per cent from €19.65 million to €20.1 million.

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A contributory factor behind the sharp rise in payments to solicitors was the large number of them joining the legal aid scheme last year. An additional 108 solicitors took part in the scheme last year, bringing the total to 871.

The increase came in spite of the Government imposing an 8 per cent cut in fees last March and a reversal of a 2.5 per cent increase in fees last January. The Department of Justice said last year that the 8 per cent drop in legal fees would result in a €3 million saving in the legal aid bill for 2009.

The €57.5 million paid last year is €12.8 million more than the €44.7 million paid in 2007 and more than double the €26.7 million paid through the Criminal Legal Aid Scheme in 2004.

A spokeswoman for Mr Ahern said he was “extremely concerned at the accelerated cost of criminal legal aid” and had directed that legislation be brought forward to deal with the issue. She said the upcoming Criminal Justice (Legal Aid) Bill would include provisions that would trigger a compulsory means test in cases where the Garda or Director of Public Prosecutions objected to granting legal aid.

The new legislation would also require those with some means to make a contribution towards the cost of their defence and give the court power to withdraw a legal aid certificate in certain circumstances.

It would also substantially increase the penalties for fraud and restrict power to grant additional counsel to the trial court, she said.

Five solicitors’ firms received more than €1 million each under the scheme last year. They were Michael J Staines, John M Quinn, Yvonne Bambury, Cahir O’Higgins and Michael Hanahoe.

The figures show the sixth highest amount was paid to Cork-based Frank Buttimer, whose firm received €982,062.

A further seven solicitors’ practices received in excess of €500,000, while the figures show that outspoken Limerick-based solicitor, John Devane, received €433,603. Mr Devane was one of 16 solicitors to receive between €250,000 and €500,000.

The figures in relation to barristers show that Pádraig Dwyer SC was the only one to receive in excess of €400,000, while three colleagues received more than €350,000. Another nine barristers received more than €200,000.

TOP EARNERS: SOLICITORS AND BARRISTERS:

TOP 15 BARRISTERS

Total (gross incl VAT)

Pádraig Dwyer €424,516

Brendan Grehan €393,140

Brian McInerney €366,091

Luigi Rea €352,424

Seán Gillane €291,290

Michael J Bowman €277,750

Ciarán O’Loughlin €272,449

Patrick Gageby €244,609

Sandra Frayne €243,127

Michael O’Higgins €242,145

Anthony Sammon €206,809

Mark Nicholas €227,133

Patrick Marrinan €224,729

Conor Devally €209,713

Giollaoisa Ó Lideadha €206,659

TOP 15 SOLICITORS

Total (gross incl VAT)

Michael J Staines €1.3 million

John M Quinn €1.1 million

Yvonne Bambury €1.1 million

Cahir O’Higgins €1.1 million

Michael E Hanahoe €1 million

Frank Buttimer €982,062

John E Feaheney €858,151

Kevin Tunney €724,519

Michael Kelleher €606,971

Michael Philip Hannon €572,633

Áine M Flynn €546,150

Ronald Lynam €504,929

John O’Doherty €526,090

Jenny McGeever €463,138

John Devane €433,603

Gordon Deegan

Gordon Deegan

Gordon Deegan is a contributor to The Irish Times