The withdrawal by many criminal defence solicitors from legal aid services seems set to continue unless the Minister for Justice agrees to engagement with a view to resolving the dispute over a new payment model.
That was the message on Tuesday from solicitor sources after the Minister, Jim O’Callaghan, and solicitors were both reminded by a High Court judge that her colleague had urged them to try and “use their own endeavours” to resolve a legal challenge to the new model.
Judge Siobhán Phelan noted Judge Mary Rose Gearty made that call in late July when hearing a challenge by Dublin solicitor John Quinn to the new payment model for legal aid work in the District Courts, introduced by O’Callaghan on July 1st.
Gearty’s judgment was due on October 13th but the sides were told last week, due to “unforeseen circumstances”, it was being deferred to another date.
On Tuesday, Phelan, who was managing the High Court judicial review list in Gearty’s absence, said judgment will be delivered on November 3rd.
Gearty, when hearing the case, had urged the parties to try and resolve matters through their own endeavours and was reminding them of that, said Phelan.
On Tuesday, the Law Society welcomed the “significant” comments of the High Court, noting they came after the Chief Justice last week said the continuation of the dispute was a matter of concern to him and to judges generally.
The Society “agrees that this matter needs to be resolved without any further delay and again calls on the Minister and his officials to meet directly, as the Minister has previously ruled out mediation,” it said.
Later on Tuesday, the continuing impasse was discussed by Dublin-based solicitors, and solicitors from around the country, during Zoom meetings.
While refusing to be drawn on the content or outcome of the discussions when contacted by The Irish Times, Tony Collier, a partner in Ferrys LLP, said solicitors in Dublin “remain resolute in their opposition to the new scheme and in their desire to resolve the matter quickly”.
The dispute has seriously disrupted the work of the criminal courts in all divisions since July and has led to the adjournment of thousands of cases, adding to existing backlogs.
While some solicitors have resumed legal aid work, sources say most, particularly in Dublin, continue to participate in the withdrawal.
The new payment model provides for one flat fee of €520, based on an average five court appearances, irrespective of the number of charges and court appearances.
Solicitors have complained it means they will not be paid for their work in more complex cases, including ones involving children and people with addiction and mental health issues.
The Law Society had urged the Minister to agree to an independent mediation of the dispute but O’Callaghan has said that would not be appropriate in a situation where Gearty’s judgment was pending on a challenge to the regulations establishing the new scheme.
The Minister has also repeatedly said the new payment scheme will achieve necessary reform of the criminal legal aid system and is in the public interest.
In a letter to the Society on October 4th, O’Callaghan, while declining to enter mediation, said he remained open to engagement, his officials are available to discuss “operational” issues and were finalising a “preliminary review” of data related to the children’s courts.