Department proposal 'astonishing'
Anger, shock, and disbelief are just some of the words to describe my reaction to the recent changes to the Criminal Legal Aid Scheme proposed by the Department of Justice, writes Rosemarie Loftus.
Legal aid is a cornerstone of the justice system, serving as a vital mechanism to uphold the constitutional right to legal representation.
By upholding the right to representation and a fair trial, the Criminal Legal Aid Scheme ensures that justice in Ireland remains a fundamental right for all, rather than a privilege for those who can afford it.
It is astonishing that the Department of Justice would look to impose a model widely recognised as having failed in family law when proposing changes to the Criminal Legal Aid Scheme.
The previous introduction of a flat fee in civil legal-aid cases involving family law has led to an exodus of solicitors working under the Civil Legal Aid Scheme, as it became unviable to provide the service.
The Legal Aid Board, which is an independent statutory agency responsible for the provision of civil legal aid, has described immense challenges in accessing legal support.
In its latest annual report, it stated that this lack of private [legal] practitioners was affecting its “ability to maintain a consistent, accessible, and uniform service nationwide”.
Breaking commitment
Introducing one flat fee in the area of criminal legal aid imposes an indeterminate amount of work while cutting the fees provided.
The move will understandably lead to an exodus of solicitors working in this area, as it has done in family law. This will make it more difficult to secure legal representation.
It represents a unilateral cut to criminal legal aid and would break the commitment in the current Programme for Government to “fully restore criminal legal aid”, which was cut in 2009 under FEMPI legislation.
The flat-fee decision does not constitute a restoration of these cuts. Instead, by expressly cutting the payments and seeking to limit the involvement of legal representatives, the proposal will undermine an accused’s right to a fair trial without acknowledging the complexity, personal circumstances, or length of an individual case.
The Law Society has already set out its strong opposition to a flat-fee model in a meeting on 5 March with the Department of Justice and a detailed written submission reflecting input from the Criminal Law Committee and many members of the profession.
We recently briefed bar associations on our engagement with the department and will be providing updates on future developments.
Conveying your concerns
This flat-fee proposal raises significant concerns, not just for the profession, but also for the functioning of the criminal justice system itself.
While the Law Society will continue to engage with the department, I would urge you to convey your concerns directly to TDs and senators in your local area, and to the Minister for Justice.
As solicitors, we are best placed to explain the realities of criminal practice in our own courts and communities – engaging with TDs and senators in this way will help ensure that the profession’s voice is heard.
The proposal to introduce a flat fee has galvanised the profession.
We will continue to engage with the department to achieve an equitable approach that recognises the important role played by solicitors in our criminal justice system, respects the right to a fair trial, and ensures that justice in Ireland is available to everyone, and not only to those who can afford it.
Rosemarie Loftus is President of the Law Society