Warning on rights consequences of disruption
The Irish Human Rights and Equality Commission (IHREC) has expressed what it describes as “major concerns” about the impact of the current disruption to criminal legal aid on people’s access to justice.
Criminal-defence solicitors have been withdrawing their services in protest at a new flat-fee structure for legal aid introduced on 1 July.
In a statement, IHREC said that its recent meeting had emphasised that access to legal representation was not simply an administrative matter, but was “fundamental” to the right to a fair trial.
"Access to justice must mean more than a right that exists on paper. For many people who come before our criminal courts, access to legal representation is what makes the right to a fair trial real," said commissioner Noeline Blackwell.
Delays
The human-rights body expressed particular concern about the impact on people already experiencing poverty, homelessness, disability, addiction, mental-health difficulties, and social exclusion.
It also pointed to the “significant consequences” of delays in court proceedings for victims of crime and witnesses.
“The adversarial nature of the justice system can already place a significant emotional and psychological burden on those involved, and prolonged delays can compound that impact,” Blackwell stated.
Access ‘cannot remain peripheral’
“In a democratic society governed by the rule of law, access to justice cannot be peripheral. It is one of the foundations on which public confidence in our justice system depends,” she concluded.
IHREC has called for the human-rights and equality implications of the current situation to “remain central” to efforts to ensure that everyone can access effective legal representation.
The Law Society has announced plans to call a meeting of criminal-law practitioners to discuss correspondence received from Minister for Justice Jim O’Callaghan