Dublin courts face growing backlog of cases in ongoing criminal law row, committee to hear

Dublin is facing a “particular challenge” amid a growing backlog of criminal court cases caused by an ongoing bitter dispute between lawyers and Minister for Justice Jim O’Callaghan.With a raft of cases set to be listed for the new legal term next month, the Oireachtas justice committee will be told by solicitors on Tuesday that the effectiveness of the constitutional right to legal representation is threatened by the impasse. The matter is a particular issue in the capital, the committee will be told. “[Legal] representation is not available everywhere and Dublin is identified as a particular challenge,” the Bar Council of Ireland, which represents barristers, will say in an opening statement.“This is significant given the volume of cases that ordinarily are heard in Dublin’s criminal courts,” it will say, asking that O’Callaghan “engage urgently” with solicitors.READ MOREThe Law Society, which represents solicitors, will tell the committee that the new legal term beginning in October will usher in a high volume of cases being listed, especially long-running cases exceeding four weeks. “The availability of legal representation will be essential for these trials. Every day that passes sees people denied meaningful access to justice,” the solicitors’ body will say.In its opening remarks, it will tell the committee that the Courts Service and justice system are facing a “real and negative impact” arising from the dispute, which has seen solicitors refuse to take on criminal legal aid work since before the summer break amid efforts by O’Callaghan to reform the structure of the payment system. The barristers will say that the disruption is “already serious” with the criminal justice system, including trials and sentence hearings, “significantly impacted”, with a warning that “a backlog is growing”. “For accused persons, it postpones the determination of fundamental rights. For the public, it weakens confidence that justice can be delivered promptly and fairly.”It says while the number of practitioners remaining on criminal legal aid panels is relevant, this is “not the same as effective availability”. 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 engagement. O’Callaghan meanwhile says the previous system was open to abuse Both groups will tell the committee they do not accept O’Callaghan’s contention that no further engagement can take place before the outcome of a judicial review challenging the new system is delivered next month. Solicitors are repeating their call for the appointment of an independent mediator to break the deadlock. They will tell the committee there are two outstanding issues that need to be resolved: the treatment of separate criminal cases as a single matter where they happen to come before the court on the same day, and the “absence of any practical mechanism to address cases of extended duration” which involve “exceptionally high numbers of court appearances”.