Pressure is mounting on the Minister for Justice and criminal defence solicitors to resolve the bitter dispute over a new criminal legal aid payment model for the District Court.
As case backlogs continue to rise across all criminal court divisions, the Law Society received a letter on Tuesday from the Minister, Jim O’Callaghan, stating he has instructed his department to organise a meeting “in the coming days”.
Solicitor sources expressed some wariness about the invitation, with many still smarting over the Minister’s claim that rape trials listed on Monday at the Central Criminal Court were “deliberately affected” by their withdrawal of services.
Solicitors, and members of the Oireachtas Committee on Justice, firmly rejected the claim after pointing out that all types of cases are affected.
The view among solicitors on Tuesday was that the proposed meeting must involve “meaningful” engagement about the Minister’s reforms and “not a listening exercise”.
The Law Society, which had sought a meeting after the Minister declined its proposal to enter an independent mediation of the dispute, is expected to take up his offer.
Under way since early July when the new payment model came into effect, the withdrawal of services has affected a wide range of criminal cases, including assault, rape, drug offences, arson, burglary, money laundering and theft.
The action escalated this week to include cases involving people in custody and what are known as protocol cases, ones involving young or vulnerable accused and victims.
The Minister, who previously argued the criminal justice system is operating “effectively” despite the withdrawal, told the justice committee on Tuesday he fully accepted there is disruption in Dublin but said the scheme is “working very well” in other districts.
[ Jim O’Callaghan accused of treating solicitors’ pay dispute ‘like it’s a game’Opens in new window ]
Committee chairman Matt Carthy and other members queried that, telling him of disruption of courts in many locations up and down the country.
O’Callaghan repeatedly stressed his strong belief the criminal legal aid system must be reformed to achieve cost savings and efficiencies.
He stood over the principle of retaining a flat fee – €520 based on an average five appearances – and trying “to cut down on the scandal” of multiple legal aid certificates.
He said people are confusing the words “failing to engage” with “giving solicitors what they want” but he is prepared to “tweak things”, having previously made some changes to the scheme.
The committee generally agreed reform is required, with several stressing the best way to achieve that is by sitting down with the Law Society to hammer out a compromise.
The Chief Justice, Donal O’Donnell, spoke for many court users earlier this month when he said he and the judiciary are very concerned and hoped the dispute would be resolved soon.
While the criminal courts system continues to operate, few involved believe it is operating effectively. The withdrawal of services has played havoc with the management of court lists, leading to thousands of adjournments. That is fuelling the concerns of complainants about further delays in hearing their cases.
One complainant who contacted The Irish Times on Tuesday about the dispute said it was “very hurtful and insulting” to hear the Minister suggest the dispute is causing minimal disruption when he is full of fear and anxiety that the trial of his alleged abuser, listed for later this month, will not proceed.
In Dublin Children’s Court on Tuesday, District Court president Paul Kelly had a list of 16 cases involving young people on charges including drugs, theft and travelling in stolen vehicles, with solicitors appearing in just three of those.
One solicitor participating in the services withdrawal represented, for no fee, a 17-year-old client who turns 18 in a few days and faced sentencing on six different charges involving different dates and gardaí.
The judge imposed a total sentence amounting to six months’ detention and expressed hope the youth, described as very vulnerable, would serve that in Oberstown rather than an adult prison.