Barristers urge Jim O’Callaghan to ‘engage further’ with defence solicitors to end pay dispute

The organisation representing barristers in Ireland has urged Minister for Justice Jim O’Callaghan to “engage further” with protesting criminal defence solicitors to resolve a dispute over a new payment model for District Court legal aid work.The Bar Council, which represents 3,000 practising barristers in the State, said it was “extremely concerned” that the dispute has not been resolved in advance of the new legal year in October.Certain solicitors stopped accepting legal aid work in advance of the introduction of the new payment model on July 1st. This protest escalated to a near-blanket withdrawal of services by solicitors after the new payment model came into operation. Most have continued in their protest, although solicitors in some areas have returned to work.The action has led to the adjournment of thousands of cases across all criminal court divisions, impacting accused people, victims of crime, witnesses, gardaí, lawyers, judges and court staff, and adding considerably to existing case backlogs.READ MORE“The Council of The Bar of Ireland is extremely concerned that the dispute has not yet been resolved. The prospect of continuing disruption on the advent of the new legal year is of the utmost gravity,” a Bar Council spokesperson said. “It is incumbent on the State to ensure that the criminal justice system is functioning in order to vindicate the rights of victims and accused persons and to protect the public.”It asked that O’Callaghan engage further with the solicitors’ representative body, the Law Society, and criminal defence practitioners “on the genuine issues which have been raised” in order to bring about a prompt resolution to the dispute before the new legal year begins.The Bar Council previously raised concerns about the new payment model, which it said risked dissuading solicitors from taking on legal aid work, “since it doesn’t appropriately reflect the fact that criminal proceedings vary so widely in length and difficulty”. [ Legal aid fees dispute: Pressure mounts on Jim O’Callaghan as solicitors dig inOpens in new window ]Bar Council chair Séamus Clarke said it was “urging” the parties to come together in an effort to resolve the dispute in advance of the new legal term.The council is concerned at the volume of cases left adjourned to October on account of the dispute, in particular those involving people remanded on continuing bail after being convicted of an offence or offences, he said.Solicitors walk out on strike action outside the CCJ in Dublin. Photo: Sam Boal/Collins photos Clarke said there was concern the continued dispute could lead to cases not going to trial in the new legal term. The new legal aid payment scheme provides for a once-off legal aid fee of €520 irrespective of how many appearances solicitors make to represent a client in the District Court. Previously, solicitors were paid per appearance.Defence solicitors say the new model, as it stands, means they are expected to work for free in difficult and complex cases involving multiple charges and appearances. They agree the system needs reform but maintain the Minister’s changes were imposed without “meaningful” engagement with the society.O’Callaghan on Tuesday wrote to the Law Society saying he would not be appointing an independent mediator in an attempt to resolve the dispute, as suggested by its president Rosemarie Loftus last week. In a letter to Loftus, seen by The Irish Times, the Minister said he had “carefully considered” the proposal, and appreciated the “constructive intent” behind it, but did not believe “that mediation would assist in resolving the issues at this stage”. [ Confusion and delays at district court as criminal legal aid dispute drags onOpens in new window ]He said the regulations underpinning the revised legal aid scheme were “the subject of Judicial Review proceedings” on which the High Court is due to deliver judgment on October 13th.“In those circumstances, and out of respect for the High Court, I do not consider that it would be appropriate for me to participate in such a mediation process,” O’Callaghan said.The Minister added: “In the meantime, I can assure you that I am committed to supporting the operation of the criminal justice system and that the reforms I have introduced are directed solely to that purpose.” O’Callaghan’s letter also referred to figures cited by Loftus in her letter last week, which showed a sharp drop in the number of legal aid certificates issued this July (702) in comparison to the same month last year (10,277).He said comparisons with the former scheme “require careful interpretation” but that “under the revised arrangements, a single certificate now generally encompasses matters that previously would have attracted multiple certificates”.“Analysis of the data also shows that over 25 per cent of these cases where certificates were granted have already been disposed of, with more than 75 per cent of those cases concluding in a single court appearance, attracting a fee of €520 for that one appearance”. He said 99 per cent of the cases concluded within five appearances. “While it is too early to draw definitive conclusions, these early indications suggest that the new system is achieving one of its objectives namely the early disposal of cases arising from the removal of an appearance-based fee system.”