Rape trials were the only cases “deliberately affected” by the withdrawal of services by some solicitors on Monday, Minister for Justice Jim O’Callaghan will tell the Oireachtas on Tuesday.
Many defence solicitors, particularly in Dublin, withdrew legal aid services in July after a new flat fee system for District Court cases was introduced.
The dispute ramped up on Monday with the withdrawal of services expanding to cases including custody and children’s cases.
O’Callaghan is due to appear before the Oireachtas justice committee to be quizzed on the dispute.
In his opening statement, seen by The Irish Times, O’Callaghan will say six cases were adjourned on the previous day and “every one of these was a case involving an allegation of rape”.
He will express “deep concern that the only cases deliberately affected by the withdrawal of services in the Central Criminal Court yesterday [Monday] were those involving allegations of rape. I believe this committee and indeed the public are entitled to an answer as to why this is the case.”
Criminal defence solicitor Michael Finucane rejected any suggestion rape or any specific cases were targeted by solicitors. “This is a full withdrawal of services in all criminal cases,” he said.
“The Minister was warned by solicitors and the Law Society well in advance [that] this would happen, that complainants could face extended disruption and possible retraumatisation. No one regrets more that this has come to pass than solicitors.”
O’Callaghan insisted he would not revoke the new regulations at the centre of the row and will mount a defence of his changes to the system brought in last July.
He will maintain the system is operating nationwide, that legal aid continues to be granted by the courts, with about 3,400 legal aid certificates issued since July.
He will, however, “acknowledge” that, particularly in Dublin, a “number of solicitors have withdrawn services” which has “impacted on court hearings”, and describe this as “regrettable”.
“Despite this, in the Central Criminal Court yesterday, the majority of cases proceeded without issue.”
On Monday, justice committee chairman Matt Carthy, a Sinn Féin TD, argued the escalation of the dispute was “entirely avoidable” as he claimed O’Callaghan had failed to “meaningfully” engage in resolution efforts.
O’Callaghan said he has engaged with the Law Society on the matter and would do so again.
He said he will not revoke the new regulations but said he is happy to “tweak” them “if there’s a necessity to do so” and he would “engage with the Law Society in respect of that”.
Criminal defence solicitor Tony Collier said, while the Minister had indicated the courts are working effectively throughout the dispute, significant backlogs have occurred “to such a point that the Chief Justice has expressed his concern”.
He welcomed O’Callaghan’s indication that he is prepared to examine particular issues but said any “tinkering” would have to be “in the context of a full and proper engagement with the Law Society”.