Jim O'Callghan

Further to his comment last night that he has “no difficulty” in engaging in talks with the Law Society of Ireland and solicitors this week or next, the ICCL have indicated that they sincerely hope that meaningful talks are held soon leading to a  lasting resolution to months of disruption in the courts which have significantly impacted the rights of victims of crime and accused persons.

However, the ICCL note the understandable anger among solicitors after he accused them ahead of his Oireachtas Justice Committee appearance today of deliberately targeting rape cases in their dispute. The ICCL feels such comments risk further embedding a serious impasse, when what is urgently required is constructive engagement and a resolution.

The ICCL statement said: “United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems state that legal aid is ‘an essential element of a fair, humane and efficient criminal justice system that is based on the rule of law and it is a foundation for the enjoyment of other rights’. It is primarily the State’s responsibility to ensure that this right is fulfilled. As the minister for justice, this responsibility lies with him. It is important now that the minister aims to de-escalate and resolve the dispute, to vindicate the justice rights of all.”

The ICCL added that case considered in the High Court by Ms Justice Mary Rose Gearty in McCormack & Ors v The Governor of Mountjoy Women’s Prison & Ors in July - concerning people who successfully brought Constitutional challenges to their detention after they were refused bail in the District Court when they had no legal representation due to the strikes - bring us back to the fundamental question at the heart of this dispute: how legal aid and fair procedures vindicate the rights of people accused of crime.

The ICCL listed a number of examples from that case including; CM: A single mother, who had no previous convictions and was charged with robbery, who replied simply “I don’t know how to” when she was asked about representing herself and RR: A man of limited means, who had difficulty reading and had visible injuries during his hearing.

“He is illiterate. He was still visibly injured. He clearly did not know or understand what was at issue in the proceedings…this hearing amounted to a fundamental denial of justice,” Judge Gearty said.