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.
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
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