‘Time-bound’ talks on legal-aid dispute
The Law Society and the Department of Justice are to begin a process of engagement aimed at finding a resolution to the dispute over a flat-fee system for criminal legal-aid payments introduced in July.
A delegation from the Law Society, led by President Rosemarie Loftus, met Minister for Justice, Home Affairs and Migration Jim O’Callaghan and his officials this morning (28 October).
A Law Society statement said that the discussions covered the operation of the new Criminal Legal Aid Scheme and the withdrawal of services by criminal-defence solicitors, which is affecting all levels of the criminal courts.
“Both sides agreed on the need to find a resolution without delay, and on the need for further time-bound engagement between their representatives,” the Law Society said.
Friday start
It added that the process would start on Friday 30 October and continue over the next week.
“The engagement will explore adjustments to address practitioners’ concerns and help deliver an effective and sustainable criminal legal-aid system that protects access to justice and commands the confidence of those who use it,” the Law Society stated.
It welcomed the opportunity to meet the minister and to make it clear that the dispute was having a “real and significant impact” on the administration of justice.
A statement from the Department of Justice also said that the parties had agreed to a “short, focused engagaement” between their representatives.
“This engagement will explore areas for adjustments within the scheme to address the concerns being raised by practitioners, while ensuring the purpose of the reform – to speed up case resolution and improve the operation of the District Court – is preserved,” it added.
Two core issues
The Law Society has previously set out the two core issues that it believes would address the key concerns of criminal-defence solicitors.
The first issue is the treatment of separate and distinct cases which, for efficiency, happen to be before the court on the same day.
Under the revised system, only one legal-aid certificate is issued in such a case.
The second main issue for the Law Society concerns cases of extended duration – often involving children, people with mental-health issues, and people remanded in custody by judges.
“We remain committed to working constructively with the Minister and his officials to reach a resolution,” the organisation concluded.