Donegal criminal justice system in crisis, with call for urgent review
Bar Association says new figures show a collapse in the number of criminal legal aid certificates being granted
New figures from the Courts Service show a 100 per cent fall, compared to 2025, in the number of criminal legal aid certificates being granted by the Donegal and Letterkenny District Court offices following the introduction of the new Criminal Legal Aid Scheme in July.
In Donegal Town, the number of certificates granted fell from 32 in July 2025 to 0 in July 2026.
In Letterkenny, which includes Inishowen, the number of certificates granted fell from 183 in July 2025 to 0 in July 2026.
In a letter to the Minister for Justice, Jim O’Callaghan, the Law Society has called for the appointment of an independent mediator to help resolve the impasse over the new Criminal Legal Aid Scheme.
The figures provided to the Law Society of Ireland show that 702 criminal legal aid certificates were granted nationally in July 2026, compared with 10,277 in July 2025, a 93 per cent drop.
The figures cover legal aid certificates granted in the District Court, District Court appeals and matters sent forward for trial. Importantly, the July 2026 figures include certificates granted under both the old and new Criminal Legal Aid Scheme.
The figures reflect the impact that the current dispute about the new Criminal Legal Aid Scheme is having on access to justice, and demonstrate the need for the Scheme to be re-examined, the Donegal Bar Association warns.
Minister for Justice, Home Affairs and Migration, Jim O’Callaghan, has said that the criminal courts are operating “effectively” despite the ongoing dispute over the new legal aid scheme.
The Bar Association says the figures raise serious questions about that assessment and demonstrate the need for the scheme to be examined against what is happening in courts across the country.
The new scheme came into effect on 1 July 2026. The Law Society has consistently 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.
The operation of the Criminal Legal Aid Scheme should continue to be assessed against evidence from courts and practitioners across the country.
Solicitor Jason Laverty, Secretary of the Donegal Bar Association, said: “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.”
“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.”
Mr Laverty 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.”