Justice minister and solicitors reach agreement over legal aid

The justice minister and criminal legal aid solicitors have reached an agreement over a new payment scheme, bringing an end to a long-running dispute.

The agreement was reached after extensive talks between the parties and resolves the dispute in relation to payments surrounding “elongated cases” and separate and distinct cases brought on the same day.

In a statement, the justice department said the single flat fee structure will remain and there will be no more multiple certificates.

Taoiseach Micheál Martin welcomed that agreement had been reached.

“Reform can be challenging but it’s important that we do reform, we have an obligation too to the public, to the taxpayer, that we have an efficient justice system, and the minister was clear on that,” he told reporters ahead of an event at Tallaght Stadium.

“I’m glad that the outcome of the talks between the Law Society and the minister has resulted in this agreement and we look forward to all solicitors returning to utilise the legal aid system on behalf of those that they are defending and representing.”

Earlier this year, Minister for Justice Jim O’Callaghan introduced a 520 euro flat fee for criminal legal aid cases, which is designed to be equivalent to five appearances, which was the average under the old scheme plus an 8% increase in fees given to all criminal lawyers.

Last week, a High Court judge described provisions of the new criminal legal aid payment scheme as “grossly unfair” and said the justice minister has exceeded his power.

Ms Justice Mary Rose Gearty said the new regulations “create a demonstrably illogical process” and failed to create a rational system.

“There will be enhanced payments made under the flat fee structure for separate and distinct cases involving two or more charges which are brought on the same day,” a department spokeswoman said.

“There will also be an enhanced single flat fee payment for cases which are often elongated.

“These are domestic violence cases, juvenile cases and cases where the accused is placed in custody before trial.”

The agreement was welcomed by the minister and the Law Society.

“I am very pleased that an agreement has been reached with the Law Society in relation to the new Criminal Legal Aid Scheme,” the Fianna Fáil minister said in a statement.

“The reforms which were the basis of the changes I implemented in July remain. This includes the flat fee model which removes the appearance-based fee structure and the ending of multiple certificates for one accused.

“This will result in a more efficient and cost-effective criminal justice system. This was the purpose of the reform I introduced.

“I want to thank my officials and the Law Society for their work on this agreement, and I look forward to the solicitors who had withdrawn their services returning to work.”

The Law Society said the agreement addresses two core issues.

It said this includes the treatment of separate and distinct criminal cases as a single matter when they happen to come before the court on the same day as well as the “lack of any mechanism” for cases of extended duration that involve a high number of court appearances.

President of the Law Society Martin Lawlor said: “Criminal legal aid is a cornerstone of our justice system and a vital means of upholding the constitutional right to legal representation.

“Today’s agreement addresses two core issues that have made the scheme unworkable for many solicitors.

“We welcome the department’s constructive engagement. This is an important step towards an effective, sustainable scheme that protects access to justice for everyone who relies on our criminal justice system.”

Under the old system, solicitors were given 240 euro for a first appearance with a legal aid client and 60 euro thereafter.

The reformed system led to a withdrawal of services by criminal defence solicitors, who rejected the flat fee model.