Justice minister urges solicitors to ‘be reasonable’ amid legal aid flat-fee dispute

MINISTER FOR JUSTICE Jim O’Callaghan has said he cannot make decisions based on the “interest of solicitors” amid the ongoing dispute over criminal legal aid.

The Fianna Fáil TD 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”.

On 1 July, a flat-fee payment model for District Court cases under the legal aid system was introduced.

Under the new model, solicitors will receive a single payment of €520 for District Court criminal cases regardless of the number of court appearances involved.

Before this, solicitors were being paid around €240 for the first appearance and about €60 for each subsequent sitting. 

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% increase in fees which was given to all criminal lawyers this year.

Thousands of District Court cases were adjourned in recent days after criminal defence solicitors withdrew their services in protest over the changes to how they are paid, leading to delays and knock-on impacts across the criminal justice system.

The Law Society of Ireland has said that solicitors are resigning from the criminal legal aid panel in “unprecedented numbers” due to the change, while a “large and growing” number have also stopped providing services under the “structurally unworkable” new legal aid scheme.

Defending the decision at a press conference today, O’Callaghan 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.”

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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.”

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.”

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With reporting from Press Association