Cork courts set to ‘grind to a complete halt’ over ongoing legal aid row

Cork solicitors are to withdraw their services from the courts from next Monday in a move expected to “grind the criminal justice system in Cork to a complete halt”.

It comes amid an ongoing row with the Government about changes to the criminal legal aid system from July 1, which has seen criminal lawyers in various areas of the country withdraw services.

A new flat rate is proposed for criminal aid work from next month, instead of practitioners being paid per hearing.

On Wednesday, a number of cases listed before the Central Criminal Court and Dublin Circuit Criminal Court were adjourned due to the withdrawal of legal aid work.

From next Monday, criminal legal aid solicitors in Cork will withdraw from all criminal work in all courts, with the exception of ongoing trials.

Unanimous support

This includes juvenile, protocol, and custody work. A vote was taken by individual solicitors at a meeting on Wednesday, where there was unanimous support for the measures.

Thomas Coughlan, a criminal legal aid solicitor practising in Cork city, said: “This will grind the criminal justice system in Cork to a complete halt. The ask is that the minister [for justice Jim O’Callaghan] withdraw the proposal for a flat fee criminal legal aid payment from July 1, and engage with the Law Society of Ireland on behalf of solicitors.”

He added: “Individual solicitors have decided, following conversations with each other, that we are withdrawing from service because the proposal of the minister is unacceptable, on lots of levels, and there has been no meaningful engagement with the Law Society of Ireland about it.

“While this withdrawal of service is coming from the grassroots, we are all members of the Law Society of Ireland, and the Law Society would speak on behalf of the profession in any consultation with the minister for justice.”

Government sources said the changes are aimed at addressing “abuse” of the system. There has been a 94% increase since 2015 in criminal legal aid expenditure, rising from €19m in 2015 to €37m in 2024.

Open letter 

In an open letter to Mr O’Callaghan, seen by The Echo, Cork solicitor Diarmuid Kelleher said: “As a practising criminal solicitor of over 40 years standing, I am in equal measures shocked, appalled, and saddened by the treatment being meted out by you to myself and my colleagues.”

He described the proposal to pay a flat fee of €100 for cases sent forward to the circuit or criminal courts as “downright contemptible”.

A spokeswoman for the Department of Justice said it had a constructive meeting with the Law Society on Tuesday and “both sides agreed to meet again this week”.

It will continue to “engage constructively with the representative bodies to deliver a reformed criminal legal aid system that works for all stakeholders, is efficient and effective, and provides value for money for the taxpayer”, she said.