'Beyond derisory': Criminal lawyers withdrawing services around country amid row over pay

Currently, solicitors in the district court are paid €239.38 for each accused’s first appearance and €59.86 on each subsequent appearance. Under the new proposal, a flat fee of €455 will be paid, regardless of how many court appearances are involved. Stock picture

Criminal lawyers in various areas around the country are withdrawing services in a row with the Government about changes to the criminal legal aid system from July 1.

Last week, members of the Wexford Solicitors Bar Association informed the Courts Service and An Garda Síochána that criminal aid practitioners in the area would no longer attend Garda station interviews, evening court sittings, or weekend courts until further notice.

Similar moves have been taken by other law associations in recent days, with a withdrawal of services also set to hit courts in areas of the country from Wednesday.

A meeting of the Southern Law Association is taking place on Wednesday at which members are set to decide on what action will be taken by criminal aid practitioners in Cork against the proposals set to come in on July 1.

A new flat rate is proposed for criminal aid work from next month, instead of practitioners being paid per hearing. 

Currently, solicitors in the district court are paid €239.38 for each accused’s first appearance and €59.86 on each subsequent appearance. Under the new proposal, a flat fee of €455 will be paid, regardless of how many court appearances are involved.

In an open letter to justice minister Jim O’Callaghan and seen by the Irish Examiner, Cork solicitor Diarmuid Kelleher said: “As a practising criminal solicitor of over 40 years standing, I am in equal measures shocked, appalled, and saddened by the treatment being meted out by you to myself and my colleagues.” 

He described the proposal to pay a flat fee of €100 for cases sent forward to the circuit or criminal courts as “beyond derisory” and “grossly insulting and downright contemptible”.

Frank Buttimer, another Cork-based solicitor, said the response of solicitors is “appropriate to the method by which the department has chosen unilaterally and with minimal notice to us in relation to the implementation of these changes". 

He added: “We stress that these proposed changes have been created without any formal negotiation and what we are seeking is proper negotiation to agree fair terms and conditions.” 

An analysis of the criminal legal aid scheme for the Department of Justice in March found that annual spending rose by 79% between 2014 and 2024.

The report said there was an overspend of €21.5m last year, “bringing the increase in annual expenditure between 2014 and 2025 to 142%”.