Flat-fee scheme ‘grossly unfair’ – judge
A High Court judge has found that some provisions of a flat-fee payment system for criminal legal-aid introduced by the Minister for Justice in July are "grossly unfair" and "demonstrably illogical".
The changes have been at the centre of a dispute between criminal-defence solicitors and the Department of Justice that has caused significant disruption to the courts system.
Ms Justice Mary Rose Gearty delivered her judgment today (3 November) in a challenge to the system taken by Dublin solicitor John Quinn.
‘No discretion’
According to The Irish Times, Ms Justice Geary referred to the fact that the new scheme allowed the court no discretion for legal-aid certificates to reflect a multiplicity of very complex cases.
She found that this was in excess of the powers of the Minister for Justice, as it was outside the objectives of the Criminal Legal Aid Act, “which require that the State provide a logical system”.
A rule that certification was determined by the date on which cases were listed was “illogical” as it removed flexibility and created the potential for abuse, the judge stated.
After a meeting last week, the Law Society and the Department of Justice began a process of “time-bound” engagement aimed at finding a resolution to the dispute.
The process has been continuing this week.
'Ongoing discussions'
In a statement, the minister said that he was considering the High Court judgment.
He added that the court has requested further submissions from the parties in advance of any final orders being made.
“It should be noted that aspects of the new scheme have already been adjusted or are the focus of ongoing discussions with the Law Society of Ireland,” he concluded.