Solicitors to withdraw services from Monday over pay row

Criminal defence solicitors in Ireland are set to cease providing their services from Monday, following a dispute with the Minister for Justice over a revised payment scheme for criminal legal aid. Over 100 solicitors have written letters to the presidents of the District, Circuit and High Courts, both in Dublin and nationwide, declaring their intention to withdraw all criminal defence services, including those where defendants are in custody or involve children.

The solicitors are also withdrawing from private criminal defence work, as the Minister for Justice, Jim O’Callaghan, has refused to engage in discussions with their representative body, the Law Society. The dispute began in June, just before the new payment structure was introduced. This scheme now provides a flat fee of €520 per case, rather than separate payments for each court appearance.

The solicitors argue that this flat fee does not account for the complexity of cases requiring multiple court appearances. Their two main demands are the issuance of separate legal aid certificates for cases committed on different dates, capped at five per defendant per court and per day, and an additional legal aid certificate if there are over ten appearances in a case.

The Chief Justice, Mr Justice Donal O’Donnell, and High Court judge Ms Justice Mary Rose Gearty have expressed concern over the ongoing dispute. Judge Gearty, who is scheduled to deliver a judgment on the issue in early November, has urged both parties to seek a resolution outside of court. Tony Collier, a partner at Ferry’s Solicitors, has written to the court presidents, emphasizing the Law Society's willingness to engage with the Minister at any moment.

However, he claims that despite the judiciary's efforts and concerns, the Minister has shown no willingness to enter into meaningful negotiations.

Collier highlights the frustration of having just two outstanding demands that remain unresolved, despite repeated attempts and the judiciary's encouragement for a resolution. He acknowledges the inconvenience and disruption caused to courts and users, and hopes the Minister will reconsider his stance. The ongoing dispute has already led to a backlog of cases involving defendants currently on bail, resulting in some circuit criminal court cases being rescheduled for later dates next year.