No chaos in the courts, Jim O’Callaghan says, as legal aid dispute ramps up

Minister for Justice Jim O’Callaghan has denied that there was chaos in the courts on Monday as a result of the withdrawal of services by some solicitors but raised concern that rape cases were affected by the latest escalation.Many defence solicitors, particularly in Dublin, withdrew legal aid services after a new flat fee system for District Court cases was introduced in July.The dispute ramped up on Monday with the withdrawal of services expanding to cases in the Central Criminal Court.During an interview on RTÉ News, O’Callaghan denied there was chaos in the Central Criminal Court, saying there are 11 judges on the court and they were all “busy dealing with cases today”.READ MOREO’Callaghan added that of 13 listed cases, “some solicitors decided to disrupt six rape cases” and “it’s of concern to me that the only cases they sought to disrupt were rape cases that were going on”.Earlier O’Callaghan insisted that the new regulations for the criminal legal aid system at the centre of a dispute between the Government and solicitors will not be revoked.Speaking on Monday, O’Callaghan said he respects the work carried out by criminal defence solicitors while arguing that there has been “significant progress” in the implementation of the new legal aid system, citing the issuing of more than 3,400 legal aid certificates since it was introduced.He said there are “very many solicitors who are working the new system and working it very effectively” while acknowledging “there is an issue in respect of solicitors in Dublin”.O’Callaghan said he has engaged with the Law Society on this and would do so again but he urged “solicitors to continue the important work that they do, which is representing people who find themselves before the courts on criminal charges”.O’Callaghan was speaking to reporters at the annual report launch of Ruhama, an organisation that supports women impacted by prostitution. “I’m not going to revoke the new regulations,” he said. “The new regulations are there. I’m happy to tweak the new regulations, if there’s a necessity to do so. I’ll engage with the Law Society in respect of that.”O’Callaghan has repeatedly argued the new approach represents a necessary reform of criminal legal aid, will achieve cost savings and is in the public interest.He is due to appear before the Oireachtas Committee on Justice on Tuesday to be questioned over the dispute. The escalation of the dispute was “entirely avoidable”, according to Sinn Féin spokesman for justice Matt Carthy. Carthy said O’Callaghan had failed to “meaningfully” engage in resolution efforts. The new payment model provides for a single flat fee of €520, irrespective of the number of charges or appearances. Solicitors say it means they will not be paid for all the work they do, particularly in more complex cases involving children and vulnerable clients with addiction and mental health issues.Carthy, the committee chairman, said the decision by solicitors to withdraw from all criminal defence work marked “a very serious escalation” of the dispute. [ Meet the retirees whose hobby is watching Irish court trials: ‘It’s fascinating and costs nothing’Opens in new window ]“We are now facing the real prospect of significant parts of the criminal courts system grinding to a halt if this issue is not resolved urgently,” he said. “This was entirely avoidable. For months, legal practitioners and others have warned about where this dispute was heading.”The Sinn Féin TD said the committee would ask “serious questions” regarding how the Minister had “allowed the situation to deteriorate to this point”.Carthy called on O’Callaghan to “engage constructively, show leadership and bring forward a resolution before access to justice is further undermined for all those who depend on our courts system”.[ Huge rise in claims of unlawful detention linked to withdrawal of solicitors’ servicesOpens in new window ]