Bar Council 'extremely concerned' legal aid dispute remains unresolved

“The prospect of continuing disruption on the advent of the new legal year is of the utmost gravity," the Bar Council said. 

The Council of The Bar of Ireland said it was “extremely concerned” that the dispute around a new fee structure for criminal defence practitioners has not been resolved ahead of the new legal year.

The Council of The Bar of Ireland said it was “extremely concerned” that the dispute around a new fee structure for criminal defence practitioners has not been resolved ahead of the new legal year.

In a statement, the legal representative body called on the Minister for Justice, Jim O’Callaghan, to settle the issue.

“The new legal year commences on October 5. The Council of The Bar of Ireland is extremely concerned that the dispute has not yet been resolved,” the statement said.

“The prospect of continuing disruption on the advent of the new legal year is of the utmost gravity.

“It is incumbent on the State to ensure that the criminal justice system is functioning in order to vindicate the rights of victims and accused persons and to protect the public.

“The Council of The Bar of Ireland urges the Minister for Justice to engage further with the Law Society and with criminal defence practitioners on the genuine issues which have been raised by them in order to bring about a resolution to this dispute as soon as possible and before the new legal year begins.” 

In July, Mr O’Callaghan introduced a single flat fee for solicitors taking on legal aid cases, replacing a system where they had been paid per appearance.

Many criminal defence solicitors have withdrawn services as a result and are seeking renegotiation with the Department of Justice.

The Law Society has suggested that an independent mediator could be used, but this has been dismissed by the Taoiseach, Micheál Martin.

The Bar of Ireland said that the new fee structure risks reducing the willingness of practitioners to take on criminal legal aid work.

“It doesn’t appropriately reflect the fact that criminal proceedings vary so widely in length and difficulty,” the statement said.

“This has already happened in the civil legal aid system, to the lasting detriment of those most in need of legal assistance.

“The Criminal Legal Aid Scheme provides access to experienced and independent legal practitioners in a manner that is both efficient and cost-effective.

“Its continued viability is therefore essential to the proper functioning of the criminal justice system.

“Criminal legal aid is a fundamental part of ensuring access to justice and the right to a fair trial. 

“Solicitors working in this area, and the barristers they instruct, provide a vital service on behalf of the State.

“Without them, the right of an accused person to a fair trial cannot be vindicated. 

“Just as importantly, the State’s basic obligation to maintain a functioning criminal justice system for the protection of all citizens cannot be met.” 

According to the group, the dispute has resulted in large scale adjournments of criminal business across all court jurisdictions, including the Circuit Criminal Court and the Central Criminal Court.

“In Dublin alone, hundreds of people, who stand convicted of serious criminal offences, remain in the community awaiting sentence, due to their scheduled sentence hearings being adjourned throughout the month of July,” the statement added.

“Trials of serious criminal offences across the country have been adjourned. 

“The full effect of this disruption has yet to be felt as the backlog of cases remains to be dealt with.”