Agreement on criminal-legal-aid dispute
The Law Society says that it has reached an agreement with the Department of Justice, Home Affairs and Migration on criminal legal aid that addresses two core issues in the dispute between solicitors and the department.
The dispute, which arose from changes in the legal-aid scheme's payment system introduced in July, has caused significant disruption in the courts.
In a statement, the Law Society said that the agreement followed "constructive engagement" between it and the department over the last ten days.
It said that the deal addressed two core issues under the revised scheme:
- The treatment of separate and distinct criminal cases as a single matter when they happen to come before the court on the same day, and
- The lack of any mechanism for cases of extended duration that involve a high number of court appearances.
Enhanced payments
A statement from the department said that the flat-fee payment structure for the District Court remained.
It added that, under the agreement, there would be enhanced payments for separate and distinct cases involving two or more charges that were brought on the same day.
There will also be an enhanced single flat-fee payment for cases that are often elongated, such as domestic-violence cases, juvenile cases, and cases where the accused was placed in custody before trial.
'Important step'
President of the Law Society Martin Lawlor described criminal legal aid as "a cornerstone of our justice system" and a vital means of upholding the constitutional right to legal representation.
He said that the agreement addressed the two core issues that had made the scheme "unworkable for many solicitors".
"This is an important step towards an effective, sustainable scheme that protects access to justice for everyone who relies on our criminal-justice system,” the president concluded.
'More efficient system'
Minister for Justice Jim O'Callaghan said that the reforms that were the basis of the changes implemented in July remained.
"This includes the flat-fee model, which removes the appearance-based fee structure, and the ending of multiple certificates for one accused. This will result in a more efficient and cost-effective criminal-justice system," he stated.
Thanking his officials and the Law Society for their work on the agreement, the minister said that he looked forward to solicitors who had withdrawn their services returning to work.
In a High Court judgment on a legal challenge to the changes last week, Ms Justice Mary Rose Gearty found key elements of the new scheme to be unlawful, ruling that aspects of the system were “grossly unfair” and “demonstrably illogical”.