Tony Collier of Ferrys Solicitors has warned that criminal courts could face substantial disruption when Circuit Court and Central Criminal Court sittings resume, unless the dispute over District Court criminal legal aid fees is resolved. 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.
Notifying the presidents of the higher courts
Dublin criminal defence practitioners have agreed to notify the presidents of the Circuit Court and the Central Criminal Court of the potential escalation of their withdrawal of District Court legal aid services. The move reflects concern that further adjournments may be required in criminal cases.
The outstanding issues are "very narrow"
Mr Collier said that solicitors are anxious to return to work and to work with the Minister for Justice to bring the scheme to a viable position. He said the outstanding issues between practitioners and the Government are "very narrow".
The flat-fee model at the centre of the dispute
The dispute concerns a flat-fee payment model introduced for District Court criminal legal aid cases. The scheme provides a payment of €520 per case, regardless of the number of hearings involved.
Practitioners opposing the model have argued that it does not adequately reflect the work required in lengthy and complex cases. They have warned that continued disruption will affect accused persons, complainants and victims who are already waiting for cases to progress.
Concern from victim-support services
Representatives of victim-support services have also expressed concern that the dispute may add to existing delays in the criminal justice system. They have urged the Government and the Law Society to resolve the matter, while noting that delays in the courts arise from broader and longstanding pressures.
The Department's position and where the dispute stands
The Department of Justice has said that it is keeping the operation of the new regime under review and that the reforms are intended to improve efficiency for court users, legal practitioners and the public.
The dispute remains ongoing, with solicitors continuing to seek engagement on amendments that they say are necessary to make the scheme workable in practice. The Law Society has called for an independent mediator to be appointed to help bring the matter to a resolution.