Taoiseach will not instruct justice minister on resolving legal aid dispute

"I think the minister has detailed knowledge of the situation, and he is engaging this week," said Micheál Martin on Jim O'Callaghan's efforts to resolve the long-running legal aid fees dispute.

Justice minister Jim O'Callaghan speaking to Taoiseach and Fianna Fáil leader Micheál Martin. 

The dispute between the minister for justice and criminal legal aid solicitors “can be resolved”, the Taoiseach has said.

Jim O’Callaghan is due to meet with the Law Society tomorrow morning amid a row over how criminal defence solicitors are paid under Legal aid.

Earlier this year, he 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 for each appearance thereafter.

Striking solicitors have rejected the new flat-fee model and withdrawn their services from the courts while seeking further engagement with the Department of Justice.

Asked if he would be instructing his Fianna Fáil party minister to resolve the dispute, Taoiseach Micheál Martin said: “I’m not instructing my minister in this case — that’s not how Government works generally — but I’m not.

“And I think the minister had said last week that he would engage with solicitors on this question and, in my view, the situation can be resolved.” 

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He said there is a need for reform.

“Reform is not easy. And value for money and efficiency — and particularly in terms of how our criminal justice system works — is important.

“And I think the minister has detailed knowledge of the situation, and he is engaging this week and I hope that that would bring a resolution.” 

Meanwhile, their Fianna Fáil colleague Dara Calleary dismissed solicitors’ claims of “legal aid deserts” in parts of the country.

Mr Calleary said that Mr O’Callaghan had already made changes to the scheme and would be “engaging in good spirits” with the Law Society.

Asked about the contention put forward by solicitors that no legal aid cases were being taken in parts of the country, the Mayo TD replied: “I don’t think it’s happening."

“I think what we need is a system that’s sustainable, going forward.

“And if we don’t change that system, and the system continues to grow at an unsustainable level, that could result in what you call the phrase ‘criminal legal aid deserts’.”