'Reform is very difficult' - Minister defends legal aid changes
by Prime Time Team, https://www.facebook.com/rtenews/ · RTE.ieMinister for Justice Jim O'Callaghan has defended his changes to criminal legal aid payments, as an agreement was reached to end the dispute between his department and solicitors.
In a wide-ranging interview on Prime Time, he also warned that slow-moving fuel protests on motorways would not be allowed and defended security arrangements for this week's European political meetings in Dublin.
Mr O'Callaghan said he had made an offer which would preserve his reforms while recognising that lengthy cases and separate and distinct cases could require additional payments.
"My priority is to achieve reform in the criminal legal aid system in the District Courts, and I believe I'm achieving that, and I'll get there," he told presenter Sarah McInerney.
"Reform is very difficult in any walk of life and sometimes you've got to put a bit of pressure in in order to achieve those reforms."
"The real beneficiaries of this at the end of the day will be the Irish taxpayer and the people who are using the District Court because we'll see a much more efficient system," Minister O'Callaghan said.
The dispute was resolved this evening following talks between the Department of Justice and the Law Society.
Solicitors had been in dispute with the department since July, when a flat fee of €520 per accused person replaced payments based on court appearances. Many criminal defence solicitors withdrew their services, causing widespread disruption to court proceedings.
The agreement follows a High Court ruling last week which found aspects of the new scheme were "grossly unfair" and "demonstrably illogical".
Under the agreement finalised today, the flat €520 fee structure remains, but an increased flat fee of €780 euro is applied if the accused faces charges related to two "separate and distinct" cases and €1,040 for three or more separate cases.
Cases involving children, domestic violence and pre-trial custody will attract a fee of €780.
The Law Society said in a statement that the agreement addressed the two core issues which were its main concerns - the treatment of separate cases coming before the court on the same day and payment for more complicated cases.
President of the Society Martin Lawlor said they welcomed the department's constructive engagement.
'Won't be allowed'
Minister O'Callaghan also warned that protestors would not be allowed to block roads amid reports of possible fuel protests during Friday's European political meetings in Dublin.
Asked whether trucks would be allowed to drive slowly on the M1, M50 or other motorways as a form of protest, he said: "No, it won't be allowed."
"People are entitled to protest, but they're not entitled to interfere with critical infrastructure or to interfere with our motorways."
The minister also defended the decision to hold the European meetings this week in Dublin despite the disruption to the city.
He said more than 50 prime ministers and presidents would attend and that preparations had been discussed with the Garda Commissioner for over a year.
"There are advantages of having it in the capital, and I know from An Garda Síochána's perspective it is easier to police an event such as this in the capital rather than having it in a remote location," he said.
"So, I don't think it would have been appropriate for us to have it outside of Dublin city."
Asked whether the economic impact on businesses had been assessed, Minister O'Callaghan said those matters had been considered.
He said other events during Ireland's EU presidency had taken place outside Dublin, but the scale of this week's gatherings meant the capital was considered the appropriate location by the Commissioner and the Government.
Mr O'Callaghan said 5,000 gardaí would be available around Dublin over the next three days.
"I'm aware of the inconvenience that this may cause to individuals," he said.
"It's an important event for Ireland to show itself off to our European colleagues and partners, and I think we will do ourselves proud over the next three days."
He pointed to assurances from Deputy Commissioner Paul Cleary that resources would be available for ordinary policing throughout the country.
"So, there's obviously going to be overtime available. There'll be a lot of gardaí in Dublin, but similarly, there'll be gardaí throughout the country doing their work," he said.