Criminal defence solicitors escalate legal aid row with minister for justice

Earlier this year, Jim O'Callaghan introduced a €520 flat fee for criminal legal aid cases — which is designed to be equivalent to five appearances, which was the average, under the old scheme plus an 8% increase in fees given to all criminal lawyers. File photo: Niall Carson/PA

Striking solicitors have escalated their long-running dispute with justice minister Jim O’Callaghan over reforms of payments under the criminal legal aid scheme.

At the outset of her list on Monday, Ms Justice Karen Dowling told court 4 of the Central Criminal Court: “There’s an industrial dispute, so there won’t be any practitioners present.” 

She explained to those awaiting for their cases to be heard that, as a result, there would be “no difficulty in putting things back” if they wanted to await legal representation.

As the list progressed with some cases being put back and others choosing to represent themselves, one defendant asked for matters before another court to be dealt with by Ms Justice Dowling but was told: “I can’t do anything today, there’s no solicitors — look around.” 

She was later told by one solicitor present in court that “there’s a few of us still working”.

The escalation also manifested upstairs at the circuit court, where Mr Justice Paul McDermott was told that a solicitor representing a defendant in custody would not be appearing and counsel had been withdrawn. 

A defence barrister said the solicitor had informed the court in a letter.

However, Mr Justice McDermott took issue with this and said that such a letter would not amount to an application and that there was an existing process where there must be a ruling of the court on the matter under the Practitioners Act.

He said “it is as simple as that”, and added: “You can’t simply unilaterally withdraw”. 

Earlier this year, Mr O’Callaghan introduced a €520 flat fee for criminal legal aid cases — which is designed to be equivalent to five appearances, which was the average, under the old scheme plus an 8% increase in fees given to all criminal lawyers.

Under the old system, solicitors were given €240 for a first appearance with a legal aid client and €60 thereafter. Striking solicitors have rejected the new flat-fee model and have requested further engagement with the Department of Justice.

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Mr O’Callaghan has indicated that he is awaiting the determination of a judicial review on the legality of the reforms before engaging in further mediation. However, critics of the new scheme argue this alone would not be a benchmark for its appropriateness.

The Law Society has said the High Court itself has urged the parties involved in the judicial review of the Criminal Legal Aid Scheme to resolve the matter outside of court.

It has also pointed to concern over the dispute raised by the Chief Justice, adding: “The Law Society agrees that this matter needs to be resolved without any further delay and again calls on the minister and his officials to meet directly, as the minister has previously ruled out mediation."