Criminal courts running ‘effectively’ despite row with solicitors, minister says

Justice minister Jim O'Callaghan speaking to members of the media at the Department of Justice in Dublin. Picture: PA

The criminal courts are running “effectively”, the Justice Minister has claimed amid an ongoing dispute with solicitors who have withdrawn their services.

Jim O’Callaghan said he had made “very fair” concessions in amending his reforms of the criminal legal aid system which had prompted more than 100 solicitors to withdraw services.

On July 1, Mr O’Callaghan implemented a flat fee of €520 for criminal legal aid in the district court, rather than per-appearance fees, prompting anger and withdrawal of services among solicitors practising in the area.

Previously, solicitors were given €240 for the first appearance and €60 on subsequent appearances.

The new €520 flat fee is equivalent to five appearances under the old system – which Mr O’Callaghan argues is the average amount of appearances for criminal legal aid cases – plus an 8% increase in fees which was given to all criminal lawyers this year.

Solicitors have been withdrawing their services from criminal cases where a person does not have the means to pay for a lawyer and requires legal aid.

This has resulted in criminal cases being delayed, which support groups have said is having an impact on survivors and victims.

The “solicitors’ strike”, as it has been referred to in court, has led to disruption in proceedings across the country where defendants have been without legal representation.

Asked about reported “chaotic” scenes as courts resumed their normal calendar this week, Mr O’Callaghan said he disagreed with the “characterisation of what’s happening in the courts”.

He told reporters in Ballymun, Dublin: “I’m satisfied that there are solicitors who are operating the scheme and doing so effectively.

“And as you’ll be aware, there have been a number of judgments of the High Court recently, which indicated that if a person is denied bail in the district court, that the appropriate remedy for them is to appeal that to a High Court, and that’s happening.” 

Pressed on defendants failing to effectively represent themselves or challenge gardaí over bail objections, Mr O’Callaghan said: “I’m hearing reports from around the country, and as you’ll see from media reports in general around the country, the criminal courts are operating, and they’re operating effectively.

“It is obviously the case that a number of solicitors, particularly in Dublin, have withdrawn services.

“But notwithstanding that, services are being provided to people accused of offences in the District Court in Dublin.” 

At the end of July, the minister said the new flat fee would remain but would be “split” so that two-thirds of the fee would be paid at the start of a case and the remaining third would be paid at the end of the case, or after 12 months after the case starts, whichever is first.

The minister also confirmed the new criminal legal aid scheme allows for a new certificate to be issued for an accused person where the charges are “distinct and separate” to any court appearance by them previously.

Asked if he was willing to make further concessions, Mr O’Callaghan said: “Well, I made a series of concessions.

“I made concessions before July 1, I made concessions after I met with the Law Society in July, and I think those concessions that have been made have been very fair.

“But the most important thing that I want to do, and that the Government wants to do, is to ensure that persons who are before the courts in the District Court have an effective and efficient system of justice that’s operating.” 

Mr O’Callaghan said the old system had “incentives to encourage adjournments” and was also “facilitating abuses in terms of multiple certificates” for the same defendant.

“And that’s why that system was changed, and all our focus should be on what’s in the best interests of court users, not what’s in the best interests of judges, or in the best interests of solicitors, or barristers, or politicians,” he added.