Committee Reports > List of Committees > Dáil > 1970 > Committee of Public Accounts > Interim and Final Report - Appropriation Accounts 1967 - 1968

APPENDIX 8

LEGAL AID SCHEME: FEES FOR COUNSEL

F 7/1/70.

Cléireach,

An Coiste Um Chuntais Phoiblí.

At the proceedings of the Committee on 5 February, 1970, I said that I did not think that the scale of fees for prosecuting counsel would differ from that for defence counsel in cases where the Legal Aid Scheme applies. I have since checked on the matter and find the position is as follows:

Fees to prosecuting counsel are decided by the Attorney General subject to a maximum of £100. Above that limit the sanction of the Minister for Finance is required for payment. The fee payable in any particular case is an agreed figure which is arrived at after taking account of the complexity and importance of the case.

Fees to defence counsel under the Legal Aid Scheme are paid in accordance with the rates fixed under the Criminal Justice (Legal Aid) Regulations, 1965. These Regulations were made by the Minister for Justice, with the consent of the Minister for Finance, after discussions with representatives of the legal profession. In practice, fees of this type are in fact lower than those paid to prosecuting counsel. However, the scales fixed under these Regulations have recently been the subject of discussion between the Department of Justice and representatives of the legal profession, with a view to their revision.

C. H. MURRAY,

Accounting Officer,

Department of Finance.

21 Aibreán, 1970.