Donegal Bar Association demands action with criminal justice system under ‘significant pressure’ - Donegal Daily

The Donegal Bar Association has called on the Minister for Justice to heed the concerns of local solicitors at a time when the criminal justice system in the co...

The Donegal Bar Association has called on the Minister for Justice to heed the concerns of local solicitors at a time when the criminal justice system in the county is “under significant pressure”.

Yesterday, Donegal Daily revealed how around 6,000 criminal cases in Donegal have been affected by the ongoing industrial action by criminal legal aid solicitors across the country.

In Donegal, there was a 100% drop in the number of criminal legal aid certificates issued by the District Courts, falling from 215 in July 2025 to 0 in July 2026.

Up until last Thursday, across the District Courts in Donegal, there were 5,847 offences, involving some 3,718 different people, listed before 40 District Court sittings. The vast majority of those have been adjourned due to the industrial action.

A flat fee payment of €520 in relation to criminal legal aid, regardless of the number of court appearances, came into being on July 1, but criminal legal aid solicitors are dissatisfied with the scheme, prompting the onset of action in June that is still continuing.

“The figures provided by the Courts Service are deeply concerning and demonstrate the scale of the reduction in criminal legal aid certificates since the new scheme came into effect,” Margaret Mulrine, the President of the Donegal Bar Association has said.

“As a direct result of the new scheme introduced by the Minister for Justice, the criminal justice system in Donegal is under significant pressure.

“Access to legal representation is a fundamental part of ensuring that the criminal justice system operates fairly and effectively. Solicitors in Donegal are seeing first-hand the impact that the new scheme is having on the provision of criminal legal aid, leaving many without access to justice.”

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The Law Society has said that reform of criminal legal aid is necessary and overdue, but that the new model does not adequately reflect the reality, complexity or duration of criminal cases.

The Law Society has identified two targeted changes which it believes would address the principal remaining concerns with the Scheme: ensuring that separate and distinct criminal cases are treated separately where appropriate and providing an additional certificate where a case extends beyond ten court appearances.

Jason Laverty, the secretary of the Donegal Bar Association, added: “These figures should prompt an urgent review of how the scheme is operating in courts across the country.

“We would encourage the Minister and the Department of Justice to listen to the experience of practitioners on the ground and to take practical steps to ensure that access to justice is protected.

“The Law Society remains available to engage with the Minister and the Department of Justice on the announced review and on practical measures which could make the Scheme workable in the interim.”

Nationwide, the figure for criminal legal aid certificates was down to 702 this July from 10,277 last year - a fall of 93.2%.

“The current impasse in which criminal defence solicitors are not working under the scheme is having a profound impact on the administration of justice,” Donegal solicitor Rory O’Brien told Donegal Daily yesterday.

“No-one wants this, least of all the criminal defence solicitors. Behind each of the numbers, there is a defendant without representation, a victim whose wait for justice just keeps getting adjourned, a Garda anxious to bring a case to conclusion and many others who are directly impacted.”