The dispute over changes to the criminal legal aid system has intensified, with criticism directed at Minister for Justice Jim O’Callaghan and solicitors who have withdrawn their services.
O’Callaghan faced a backlash over remarks claiming that rape trials in the Central Criminal Court were the only cases “deliberately affected” by the withdrawal of services by solicitors protesting over the new legal aid regime.
Meanwhile, the impact of the dispute has continued to be felt in the courts.
At Dublin Circuit Criminal Court on Tuesday, Judge Martin Nolan criticised solicitors, saying it was “astounding” that those participating in the dispute were not attending court to represent clients in custody. He was speaking after adjourning cases of dozens of defendants who appeared without a solicitor due to the dispute.
In July O’Callaghan scrapped a per-appearance fee system in the District Court in favour of a flat-fee approach, leading to a withdrawal of services by many solicitors.
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The row escalated on Monday with the withdrawal of services expanding to cases including custody and children’s cases.
On Tuesday morning O’Callaghan came in for criticism after his comments suggesting solicitors targeted rape cases had emerged in advance of the Oireachtas Justice Committee meeting where he was due to deliver them.
The remarks were described as “false” and “misleading” by criminal defence solicitor Eoghan O’Sullivan, who said “there was no deliberate targeting” of rape cases.
The Irish Council for Civil Liberties spoke of “the understandable anger among solicitors” as a result of O’Callaghan’s comments and it called on him to engage in meaningful talks to resolve the dispute.
O’Callaghan defended the comments in response to criticism at the Justice Committee meeting later in the day.
He told the committee the legal aid scheme was “operating nationwide” and that “solicitors continue to provide representation” while acknowledging that others have withdrawn services.
Fine Gael backbench TD Barry Ward – a practising criminal barrister – told the meeting that O’Callaghan’s comments on rape cases were “grossly unfair commentary”, also saying there was “no evidence to suggest that solicitors were deliberately targeting that [rape cases]”.
O’Callaghan responded by saying he wanted to “set out the facts” that six rape cases in the Central Criminal Court were adjourned on Monday because of the withdrawal of services. He also said other rape cases were adjourned earlier in October due to withdrawal of services.
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The Fianna Fáil minister said that on Monday “there was also seven cases which weren’t rape cases, which were trial-continuing cases. None of those cases were affected by the withdrawal”
Ward said this was because they were continuing trials and he asked: “Is it not deeply disingenuous to ascribe a deliberate targeting of rape trials?” O’Callaghan repeated that the seven non-rape cases were not affected by the withdrawal of services by solicitors.
During the meeting the minister said the “fundamental principle” when it came to the new flat-fee system was trying to cut down on the “scandal” of multiple legal aid certificates being issued for one accused individual.
Labour TD Alan Kelly asked about areas O’Callaghan was willing to negotiate with solicitors on.
The Law Society of Ireland, which represents solicitors, had previously proposed that long-running cases would see a second legal aid certificate issued when cases exceeded 10 court appearances, citing cases involving children among those cases where this could happen.
O’Callaghan told the committee there was an ongoing Department of Justice review on children’s cases. “If it is the case that it looks like the average length of time it takes for a children’s case to conclude is more than the five [court appearances], I will reflect that in changes.”
Earlier on Tuesday the Law Society issued a statement urging O’Callaghan to meet to “try to resolve this escalating dispute”.
The Minister has written to the Law Society to indicate his willingness to engage further, saying he had instructed officials to organise a meeting in the coming days.