‘Concrete guidance’ on disruptive conduct shortly
President of the High Court David Barniville has said that he hopes the issues between criminal legal-aid solicitors and the Department of Justice are resolved quickly.
He was speaking at a parchment ceremony at Blackhall Place (2 July) for more than 50 newly qualified solicitors.
Solicitors around the country have been protesting against a flat-fee scheme for criminal-defence work in the District Court that came into effect on 1 July.
Mr Justice Barniville said that, while he would not be making any comment on the dispute, he hoped that the current disruption in the courts could be finished quickly.
‘Violent and destructive’ behaviour
The High Court President also told attendees that he was hoping to sign and publish a practice direction on dealing with disruptive behaviour in courts “in the next couple of weeks”.
“I, and my colleagues, have witnessed – and some of us have been at the receiving end of – a noticeable increase in incidents of violent and destructive behavior, both inside and outside the courtroom, and other concerted attempts to obstruct the administration of justice,” he told the ceremony.
Such conduct, Mr Justice Barniville added, threatened the effective management of court visits, the progress of cases, and the safety and welfare of judges, registrars, other court officials and staff, lawyers, and litigants alike.
Feedback
In December, he and the President of the Court of Appeal Ms Justice Caroline Costello published a notice listing examples of disruptive conduct, as well as some of the steps that the court might take in response.
“Following the publication of that notice, a considerable amount of valuable feedback was received, which highlighted the desirability of providing further concrete guidance in this area,” Mr Justice Barniville said.
He told the event that he had set up a working group of judges and Courts Service officials to develop a comprehensive practice direction to “reinforce and supplement” that notice.
The practice direction, he added, was at “an advanced stage of preparation”.
Reform
Law Society President Rosemarie Loftus also told the event that the organisation would this year place “an even greater emphasis” on highlighting areas within the law and legal system that needed reform in the public interest.
She referred to the current challenges that had been “imposed on us” due to the implementation of a flat-fee structure for criminal legal aid, as well as difficulties with civil legal aid and the problem of ‘legal deserts’ in some areas of the country.
These issues, the president added, underlined the “significant limits” on all people's access to justice, regardless of their means and location.