Senior judges have been warned that criminal court proceedings are likely to face significant disruption when the courts return, as the dispute over District Court criminal legal aid fees remains unresolved. Our criminal defence solicitors act for clients in the District Court, Circuit Court and Central Criminal Court, much of it under the criminal legal aid scheme.
Letters to the Chief Justice and the court presidents
Dozens of solicitors engaged in the withdrawal of services have set out their position in letters to the Chief Justice and the presidents of the High Court, Circuit Court and District Court.
Tony Collier of Ferrys Solicitors is among those who have written to the senior judiciary. In his letter, he says the dispute with the Department of Justice has not been resolved and that solicitors will not be in a position to provide criminal defence services under the new legal aid model, save for custody cases and protocol cases, when the new term commences.
An "enormous effort" to resolve the dispute
Mr Collier says that solicitors have made an "enormous effort" to resolve the dispute, but claims that the Minister for Justice, Jim O'Callaghan, has "failed to engage in any meaningful way". The letter notes that the Minister is awaiting judgment in judicial review proceedings relating to the dispute and describes that position as unfortunate.
"It is impossible to resolve such matters where one party fails to engage," the letter states.
The effect on complainants and victims of crime
The letter also acknowledges the consequences of the continued withdrawal of services.
"We appreciate that this will cause significant inconvenience and disruption to all parties, and in particular to complainants and victims of crime. This is regrettable," it says, adding that every effort is being made to resolve the matter in the meantime.
How the dispute arose
The dispute arose when the Minister replaced the previous per-appearance fee for District Court criminal legal aid with a flat rate in July, prompting hundreds of solicitors to withdraw their services.
Practitioners opposing the model have argued that a single fee does not reflect the work required in cases involving multiple hearings or complex issues. Mr Collier has previously said there was no weakening in the position of Dublin solicitors.
Where the dispute stands
With the higher courts due to return in October, the letters put the judiciary on notice that scheduled matters may be affected. The withdrawal of services is set to continue into the new legal year, which begins on October 5.
The dispute remains ongoing, and solicitors have continued to seek engagement on the amendments they say are needed to make the scheme workable in practice.
Read the full original report here: RTÉ News