The Department of Justice intends to introduce changes to the Criminal Legal Aid system from the start of July. At the centre of practitioners’ discontent is the Department’s plan to replace the current appearance-based payment structure with a flat-fee payment that will apply regardless of the number of court attendances required.
The Chair of the Law Society’s Criminal Law Committee, Shane McCarthy, spoke on 9 June of how the Department’s proposed changes had been presented to the Law Society as a fait accompli. He also noted that the Law Society had only received a key explanatory document from the Department of Justice the day before that meeting. Unfortunately that had not changed by 19 June despite additional engagement and meetings on the issues, and the lack of clarity for implementation.
Having initially heard an update on developments from both the Chair and Vice Chair of the Criminal Law Committee, those in attendance at the meetings were invited to share their perspective on the Department’s proposals.
There was a high degree of consistency among the views expressed. Many commented upon the failure of the Department to ensure that a representative was in attendance to provide much-needed clarity on how different aspects of the new model would work in practice.
Without exception, all contributors spoke of their deep discontent with the proposed changes to the criminal legal aid system. The anger and frustration of practitioners was palpable. While many speakers acknowledged the work that had been done by the Law Society, and that engagement with the Department should continue, many speakers called for stronger and more effective action.
The Law Society continues to engage with the Department, justice spokespeople and Oireachtas members on these flawed proposals.
