Justice Minister and Law Society agree engagement to resolve legal aid dispute

Talks between the Justice Minister and the Law Society will “explore areas for adjustments” of the criminal legal aid scheme to address concerns raised by practitioners, the department has said.

Following a meeting between Minister for Justice Jim O’Callaghan and the Law Society on Wednesday morning, both have agreed on an engagement process to resolve the ongoing stand-off over legal aid for the district court.

The “short, focused engagement” between representatives for the department and the society will start on Friday and continue over the next week.

The meeting came amid continued disruption within the courts system due to a withdrawal of services by solicitors opposed to reforms of the legal aid payment system introduced by Mr O’Callaghan.

A delegation from the society, led by its president Rosemarie Loftus, held talks with the minister at his department.

In a statement issued following the conclusion of the meeting, the department said both parties discussed the operation of the new criminal legal aid regulations and the withdrawal of service by some solicitors, which “is impacting the operation of certain criminal courts”.

The statement added: “The minister and the Law Society agreed on the need for a short, focused engagement between their representatives over the next week, commencing this Friday, October 30.

“This engagement will explore areas for adjustments within the scheme to address the concerns being raised by practitioners, while ensuring the purpose of the reform – to speed up case resolution and improve the operation of the district court – is preserved.”

In its statement, the Law Society said: “The discussions covered the operation of the new criminal legal aid scheme and the withdrawal of services by criminal defence solicitors, which is affecting all levels of the criminal courts.

“Both sides agreed on the need to find a resolution without delay, and on the need for further time-bound engagement between their representatives.

“That engagement will commence this Friday and continue over the next week. The engagement will explore adjustments to address practitioners’ concerns and help deliver an effective and sustainable criminal legal aid system that protects access to justice and commands the confidence of those who use it.

“The Law Society delegation welcomed the opportunity to meet and made clear that this dispute is having a real and significant impact on the administration of justice.

“The Law Society has already set out two core issues which, if addressed, would resolve the key concerns of criminal defence solicitors.

“We remain committed to working constructively with the minister and his officials to reach a resolution.”

Earlier this year, Mr O’Callaghan introduced a 520-euro flat fee for criminal legal aid cases, which is designed to be equivalent to five appearances, which was the average under the old scheme plus an 8% increase in fees given to all criminal lawyers.

Under the old system, solicitors were given 240 euro for a first appearance with a legal aid client and 60 euro thereafter.

Striking solicitors have rejected the new flat-fee model and withdrawn their services from the courts while seeking further engagement with the Department of Justice.