Justice Minister calls on solicitors to ‘be reasonable’ amid legal aid dispute

By Cillian Sherlock, Press Association

The Justice Minister has said he cannot make decisions based on the “interest of solicitors” as a dispute over criminal legal aid continues.

Jim O’Callaghan also said he would have been told to resign if he had not made changes to the criminal legal aid system in the district courts.

The minister said he had “great respect” for solicitors and the role they played in “facilitating the administration of justice” but claimed the old fee system “encourages adjournments”.

O’Callaghan implemented a flat-fee rate for criminal legal aid in the district court from July 1st, prompting anger and withdrawal of services among solicitors practising in the area.

I can't make decisions based on what's in the interest of solicitors

Previously, solicitors were given €240 for the first appearance and €60 on subsequent appearances.

The new €520 flat fee is equivalent to five appearances under the old system – which O’Callaghan argues is the average amount of appearances for criminal legal-aid cases – plus an 8 per cent increase in fees which was given to all criminal lawyers this year.

Defending the decision at a press conference on Thursday, he appealed to solicitors to “be reasonable” and said the primary motivation was to make the district court system “more efficient”.

He said he had published data on the Department of Justice website and added: “If it is the case that you’re going to get paid an extra fee if the case is adjourned, inevitably there’s going to be, I suppose, not a desire, but there’s going to be a practice of cases being adjourned on a far too routine basis.”

He added that non-criminal legal aid funded cases had an average of three appearances, adding: “It raises the question why there is that difference.”

The minister told reporters: “When you look at the data that I looked at and it’s now up on the website, had I got that report and decided ‘actually no, I won’t do anything about that’ and that came out a year from now, every single one of you should be telling me to resign.

“Because the data in that report is just unanswerable – that something needs to be done to this system in the district court.”

O’Callaghan said he did not “want conflict” but added that his “sole focus” was the best interests of court users.

“What’s in the best interests of people who are being prosecuted before the district court? It clearly is to get their prosecution over with promptly.

“Like these are minor offences; intoxication in a public place, minor public order offences.

“The serious offences will still get the €520 for the one appearance in the district court, and then they go up to get the higher fees in the circuit and criminal court.”

(The solicitors on the panel) perform an excellent job, but I have to ensure that the system that's in operation is designed to advantage and to benefit the public who are using the courts

O’Callaghan said he would “ask solicitors to be reasonable”.

Asked about reports that up to a quarter of solicitors would be resigning from the legal aid panel, O’Callaghan said he did not have “accurate details” on the overall number who had resigned but appealed to those who remained “to stay on”.

“There’s very important work to be done there. As you’re aware, there was over 850 solicitors on the panel, so the vast majority, overwhelming majority, are still on the panel working away.

“They perform an excellent job, but I have to ensure that the system that’s in operation is designed to advantage and to benefit the public who are using the courts.

“I can’t make decisions based on what’s in the interest of solicitors.”