Solicitors have been withdrawing their services since June in opposition to the “one accused, one fee” model for criminal legal aid that was introduced by Mr O’Callaghan on 1 July. Under the new scheme solicitors will receive one fixed fee of €520 for representing a legally aided person before the District Court. Previously solicitors were paid €239.38 for a first appearance and €59.86 for each subsequent appearance.

The ICBA statement comes as letters were sent yesterday to the Chief Justice, the presidents of the High Court, Circuit Court and District Court, by solicitors involved in the dispute, informing them that the withdrawal of services will continue into the new legal year.

Brian Lindsay BL, chairman of the ICBA said: “The Irish Criminal Bar Association acknowledges and welcomes recent statements made by the Minister for Justice, Migration and Home Affairs which recognise our shared objective of ensuring a sustainable legal aid system which protects access to and supports the effective administration of justice. That shared objective cannot be achieved without meaningful engagement with stakeholders to resolve the current dispute in respect of the revised Criminal Legal Aid Scheme.

“The Association urges the minister to consider the practical impact that the dispute is having on the ability of courts to function effectively.  Since the enactment of the revised scheme, widespread adjournments are routinely occurring across the District, Circuit and Central Criminal Courts. Access to legal professionals is no longer readily available in many parts of the country, including to suspects who are being interviewed in Garda custody.  As a consequence, significant backlogs have been created within the Court system.

“The Law Society has described the impasse as having a profound impact upon the administration of justice over the past three months. The Association agrees with that assessment and is particularly concerned about the impact on victims of serious crime and accused persons whose cases have not been heard as a direct consequence of the ongoing dispute. The Association is acutely aware that victims who have prepared themselves in advance of trial dates, and who are often waiting for trials to occur for more than a year, are particularly vulnerable to the consequence of this disruption and the uncertainty that it has created.

“The minister has stated that he looks forward to engaging further with the Law Society. It is the position of the Association that the refusal of the minister to engage in mediation to resolve the ongoing issues or to engage in face to face talks with the stakeholders is fundamentally incompatible with this statement.

“The current impasse requires more than an acknowledgement of the importance of engagement.  A failure to resolve the dispute prior the commencement of the new legal term, can only result in additional adjournments, delays and accumulated backlogs which undermine our shared objective to have a criminal legal aid system that supports the effective administration of justice. Only through real engagement between solicitors and the minister can a fair and functional criminal legal system be ensured. The Irish public and those seeking justice through the courts deserve no less.”