Jim O'Callaghan 'stands over' change to legal aid fees, despite mass exodus from scheme 

Justice minister Jim O'Callaghan said: "When you look at the data that's up on the [Department of Justice] website, had I got that report and decided actually I won't do anything about that and that came out a year from now, every single one of you would be telling me to resign." File picture: Conor O Mearain/PA

The justice minister says he "stands over" changes he made to legal aid fees for solicitors, despite the number of practitioners opting out of the system.

At least 10 accused persons who were remanded in custody after they appeared in the district court have initiated a High Court action over the legality of their detention, while around 200 solicitors have said they will leave the panel.

The scheme provides for a once-off legal aid fee of €520 irrespective of how many appearances solicitors make to represent a client in the district court. Previously, solicitors were paid per appearance.

The old system saw solicitors receive €240 per defendant for the first two cases, €144 for each additional case on the first day, and €60 for each subsequent hearing day.

However on Thursday, Jim O'Callaghan insisted the changes were about the "efficiency" of the system.

"My own view having looked at a lot of data is that the payments system we have in place encourages adjournments," he said.

"And I say that without being critical of the solicitors' profession or accused, but if it is the case you're going to get paid an extra fee if the case is adjourned, inevitably there's going to be not a desire but a practice."

Mr O'Callaghan insisted his changes were not a tactical decision.

"I am standing over it. This isn't a tactical decision.

"When you look at the data that's up on the [Department of Justice] website, had I got that report and decided actually I won't do anything about that and that came out a year from now, every single one of you would be telling me to resign."

The cases, known as habeas corpus applications, have been brought under a provision in Article 40 of the Constitution, which allows for a challenge to legality of a person’s detention.

It is submitted on behalf of the accused that arising from their being unrepresented in court, they were denied fair procedures. It is also argued that there is a right to legal representation.

In some of the cases, it is alleged that the minister acted beyond his powers in introducing the new legal aid payments model.

• Paul Hosford is Deputy Political Editor.