Rosemarie Loftus

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 justice minister Jim 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.

Following comments from Taoiseach Micheál Martin and Tánaiste Simon Harris that they would welcome direct engagement on the matter the Law Society offered to meet or engage with a mediator last week. That offer was turned down in a letter from Mr O’Callaghan to the Society wherein he stated that he did not believe that it would assist in resolving issues at this stage.

Over 240 solicitors have now taken part in an information meeting convened by the Law Society’s criminal law committee to discuss ongoing concerns about the revised Criminal Legal Aid Scheme.

The correspondence received from Mr O’Callaghan was among the issues discussed at the meeting and the Law Society has stated that it is deeply disappointed that Mr O’Callaghan failed to offer any mechanism to resolve the dispute. As such the Law Society has renewed its call for the appointment of an independent mediator to resolve the current impasse.

The Law Society also welcomed the statement by the Council of The Bar of Ireland yesterday calling for a resolution to be reached on the matter before the start of the legal year. The statement follows other similar concerns about access to justice expressed previously by the Irish Human Rights and Equality Commission (IHREC), the Irish Council for Civil Liberties (ICCL), the Irish Penal Reform Trust (IPRT), and the Free Legal Advice Centres (FLAC).

President of the Law Society, Rosemarie Loftus, said: “Today’s meeting was an important opportunity for solicitors to come together and discuss the realities of operating under the revised Criminal Legal Aid Scheme. The level of attendance demonstrates the depth of concern that remains among practitioners. The Law Society renews its call for the appointment of an independent mediator to resolve the ongoing impasse.

“Those concerns are not confined to criminal defence solicitors. In a statement today, the Council of The Bar of Ireland echoed our call for the matter to be resolved with the utmost urgency. There is a shared understanding across the criminal justice system that every effort must now be made to ensure the scheme is operating effectively again as soon as possible.

“The Law Society will consider the contents of the minister’s latest letter in full. The Law Society remains available to engage constructively with the minister and his department at any point to restore stability to the criminal justice system.”

Dr Shane McCarthy, chair of the Law Society’s Criminal Law Committee, said: “The Law Society remains committed to finding a workable solution to the outstanding issues. We are available to meet with the minister at any time, and we urge him to engage with us as soon as possible.

“The Law Society does not accept the minister’s view that it would be inappropriate to address these issues in advance of the judicial review judgment due next month. Every day that passes sees people denied meaningful access to justice.”