Justice minister accused of being 'pig-headed' in handling of legal aid dispute 

Justice minister Jim O’Callaghan has been branded “sloppy” and “pig-headed”, and accused of “behaving erratically” in his handling of the solicitors’ strike. Photo: Niall Carson/PA Wire

Justice minister Jim O’Callaghan has been branded “sloppy” and “pig-headed”, and accused of “behaving erratically” in his handling of the solicitors’ strike.

Ahead of his appearance at the Oireachtas Justice Committee on Tuesday afternoon to discuss the strikes, Social Democrats’ justice spokesman Gary Gannon said that if “this is how he's behaved as minister for justice, I'd loathe to see how he’d behave as the taoiseach”.

Since July 1, criminal defence solicitors working in the district court under the legal aid system have been paid a flat fee of €520 upon conclusion of the case. 

Previously, they were paid €240 for the first appearance and €60 for subsequent appearances.

Solicitors have been striking since, with many withdrawing from the legal aid panel.

Comments on rape cases 

In his opening statement to the Justice Committee on Tuesday afternoon, Mr O’Callaghan is expected to say that the majority of cases not proceeding in the Dublin District Court are rape charges, as he suggested they are being “deliberately affected”.

“Six cases were adjourned [on Monday] due to the withdrawal of services by solicitors,” he will say.

“Every one of these was a case involving an allegation of rape. I should place on record my deep concern that the only cases deliberately affected by the withdrawal of services in the Central Criminal Court were those involving allegations of rape.

“I believe this committee and indeed the public are entitled to an answer as to why this is the case.” 

Opposition parties react

Speaking on the Leinster House plinth ahead of Mr O’Callaghan’s appearance at the committee, the justice spokespeople of the opposition parties rounded on the minister, calling for cool heads to prevail.

Mr Gannon described Mr O’Callaghan’s comments as a “disgrace”.

“[It] reached a crescendo yesterday when the minister said that the legal aid solicitors were specifically targeting victims of rape in court,” he said.

“I'm not sure if the minister himself has an awareness of how the courts operate, but the Central Criminal Court only deals with cases of the highest magnitude. [On Monday], it was all rape cases.

“I think it's an absolute shame that the minister chose to pursue that language. We'll try to hold them to account on it.” 

Mr Gannon said that the “minister’s logic hasn’t stood up to scrutiny" and that “it’s been more about the minister’s resolve than it has been about effective workings of the court”.

He argued that he has been “sloppy with his work”, and “arrogant with his responses” to the solicitors and the Law Society.

“He's behaving erratically, and he's an impediment to a conclusion of this,” he added.

Alan Kelly, the Labour Party’s justice spokesperson, said that Mr O’Callaghan had a “Rambo style of elevating everything”, and “throwing fuel on the fire”, noting that he had also made an error in calling for the army to be deployed to deal with the fuel protests.

“I'm now calling on the Taoiseach to intervene here again to ensure everyone gets around the table to ensure that we don't have a criminal justice system that absolutely collapses, because it seems that Minister O'Callaghan is incapable of doing so,” he said.

“It seems also that he's intent on dialling up the rhetoric, and there is no doubt that there are going to be consequences for this, because ultimately there are going to be people on the streets this week, next week, and possibly further on who should not be on the streets, who are going to commit criminal offences, probably serious criminal offences, if this continues.” 

Sinn Féin’s justice spokesman Matt Carthy, who is also the chairperson of the Justice Committee, accused Mr O’Callaghan of being “pig-headed” and “arrogant”.

Mr Carthy said that there will be “repercussions for months, if not years” if the issue is not resolved quickly, and it has been “entirely a result of the minister's pig-headedness and refusal to actually engage in meaningful dialogue”.