Rejection of mediation on fees ‘disappointing’
Criminal-defence solicitors have expressed disappointment that the Minister for Justice has rejected a Law Society proposal for mediation in the dispute over a new fee structure that has disrupted courts across the country.
A meeting of practitioners, held in Blackhall Place today (17 September) heard that there had been broad support for the mediation suggestion, made in a letter to Minister Jim O’Callaghan earlier this month.
Chair of the Law Society’s Criminal Law Committee Shane McCarthy described the mood of the meeting as “resolute and determined”.
He told Gazette.ie that there was a recognition that the new payment structure introduced on 1 July was “fundamentally flawed”.
‘Complete withdrawal’
The meeting heard that the flaws in the system had led to solicitors, in the main, withdrawing entirely from criminal legal-aid work.
National figures suggested that there had been a 93% drop in the number of legal-aid certificates issued in the months of July and August this year, when compared with the same months last year.
The meeting heard, however, that there had, in fact, been a complete withdrawal of criminal-defence services in some areas of the country.
Shane McCarthy said that solicitors had, however, expressed a determination to find a resolution, whether through direct talks or mediation.
Practitioners had backed, he said, a “redoubling of efforts” to find a fair, workable scheme.
While attendees expressed concern about the impact of the dispute on access to justice and court backlogs, McCarthy said that there was “no appetite” to return to what was seen as an unworkable scheme.
Bar Council's concern
Earlier, the Bar Council had urged the Minister for Justice to engage further with the Law Society to resolve the dispute about a new fee structure for criminal legal aid before the new legal year began on 5 October.
The Bar Council said that it was “extremely concerned” that the dispute had not been settled.
“The prospect of continuing disruption on the advent of the new legal year is of the utmost gravity,” it stated.
Noting that many criminal-defence solicitors had withdrawn their services in response to the introduction of the new scheme, the Bar Council said that the row had led to large-scale adjournments of criminal business across all court jurisdictions.
Backlog
It added that the full effect of the disruption had yet to be felt, as the backlog of cases remained to be dealt with.
The Bar Council described criminal legal aid as “a fundamental part of ensuring access to justice and the right to a fair trial”, adding that, without practitioners working in this area, the right of an accused person to a fair trial could not be vindicated.
“Just as importantly, the State’s basic obligation to maintain a functioning criminal-justice system for the protection of all citizens cannot be met,” it added.
Earlier this month, Law Society President Rosemarie Loftus wrote to the minister suggesting the appointment of a mediator to resolve the dispute.