JUSTICE MINISTER JIM O’Callaghan has said the public is “entitled to an answer” as to why the only cases adjourned at the Central Criminal Court today, as a result of the solicitors’ strike, were cases involving an allegation of rape.

O’Callaghan is set to appear before the Oireachtas Justice Committee tomorrow afternoon to discuss the ongoing dispute over his reforms to the fee structure for criminal legal aid solicitors.

In his opening statement, seen by The Journal, O’Callaghan says he has “deep concern” that six cases were adjourned at the Central Criminal Court today as a result of the strike and that all six cases involved an allegation of rape. 

“I believe this Committee and indeed the public are entitled to an answer as to why this is the case,” O’Callaghan says.

The remarks are likely to anger criminal legal aid solicitors involved in the dispute, who today escalated their action by withdrawing from all work for the foreseeable.

O’Callaghan also notes in his opening statement for tomorrow’s committee that criminal legal aid is not “an automatic entitlement” and says that “access to justice and accountability for public expenditure must go hand in hand”.

He says he cannot ignore that while criminal case volumes in the district court have decreased, spending on criminal legal aid has increased, from €19 million in 2015 to over €41 million in 2025. 

Solicitors have pointed to increasing complexity in cases as part of the reason for the increase in costs. 

Speaking on RTÉ’s Six One News this evening, striking solicitor Michael Finucane called on the minister to get around the table and engage with striking solicitors to find a solution.  

Speaking on the same programme, O’Callaghan denied that he is digging his heels in on the issue and said he will speak with solicitors this week or next week. 

He criticised RTÉ for not interviewing solicitors who are working under the new scheme. 

He said he has “no difficulty” engaging with solicitors “but what I won’t do is revoke the scheme”. 

The disagreement over the introduction of a flat fee model for criminal legal aid solicitors has led to thousands of criminal cases being adjourned since mid-June of this year. 

Solicitors wrote to the presidents of the courts late last week to inform them that they would be withdrawing all criminal defence services, including custody cases and cases involving children, from today. 

The escalation comes after the president of the Law Society, the representative body for solicitors, wrote to the minister for justice on 13 October seeking a meeting.

The request for a meeting with the justice minister has so far been denied.

However, in his opening remarks for tomorrow’s justice committee, O’Callaghan says he will “continue” his engagement with the Law Society as he awaits the outcome of a court challenge to his reforms.

In a statement this evening, chair of the Oireachtas Justice Committee, and Sinn Féin TD, Matt Carthy said now is the time for calm engagement and a resolution to this dispute.

“The minister has repeatedly refused to accept the level of disruption that is unfolding across the courts system. This is having serious implications for victims and I have a real fear that it will lead to criminals, who should be imprisoned, being released on bail or convictions overturned.

“Nobody that our committee has engaged with has disputed the need for reform, the difficulty has been the arrogant approach of the minister. He should change that approach now before this situation escalates any further,” he said.

Disruption

The Central Criminal Court today witnessed significant disruption as a result of the escalation in the dispute.

At the outset of her list today, Judge Karen Dowling told Court 4 of the Central Criminal Court: “There’s an industrial dispute, so there won’t be any practitioners present.”

She explained to those awaiting their cases to be heard that, as a result, there would be “no difficulty in putting things back” if they wanted to await legal representation.

As the list progressed with some cases being put back and others choosing to represent themselves, one defendant asked for matters before another court to be dealt with by Judge Dowling was told: “I can’t do anything today, there’s no solicitors – look around.”

She was later told by one solicitor present in court that “there’s a few of us still working”.

In a statement today, a spokesperson for O’Callaghan noted that under the new fee model, a solicitor earns €520 when a case concludes with one court appearance, compared with €240 under the old model.

They further noted that since 1 July, 75% of cases concluded under the new system have been dealt with in one court appearance.

The spokesperson said it is “unnecessary and regrettable that some solicitors are choosing to withdraw their services”.

‘As long as it takes’

Tony Collier, a partner at Ferrys Solicitors who has withdrawn service, said the dispute could stop “immediately” if O’Callaghan engages.

He told RTÉ’s Morning Ireland: “It’s not a one-day withdrawal of services; it is the commencement of an all-out withdrawal of service.”

Asked how long the action would last, he replied: “For as long as it takes the Minister to engage.

“We want to return to work – we’ve explained that repeatedly to the minister – it is the minister that won’t engage.

“The Law Society are ready and waiting to have meetings.

“This can actually stop immediately. This could stop today with the proper engagement from the minister.”

Reacting to the escalation, Social Democrats justice spokesperson Gary Gannon called on the Taoiseach to intervene in the dispute. 

Gannon said O’Callaghan’s approach to date has been “a complete disaster and has put our criminal justice system on the verge of collapse”.

“Thousands of cases have been adjourned since he pushed through his changes to the free legal aid payment system in July, adding to existing backlogs in our courts.

“In refusing to engage with solicitors, the minister is needlessly hiding behind the delayed outcome of a judicial review into the new payment scheme, despite a High Court judge in that case urging the parties to try to resolve the issues themselves,” he said. 

O’Callaghan has refused the Law Society’s proposal of mediation, saying he is “not convinced as to its appropriateness” where the law is in question.

He said that he would “respectfully suggest” that such disputes are “best left” to the courts to resolve.

The Department of Justice has noted that 150 solicitors across the country are working under the new system.

There were 885 solicitors on the criminal legal aid panel when the changes came into force on 1 July.

Last week, there was widespread criticism after a woman was cross-examined by the man alleged to have threatened to kill and rape her because he was unable to secure legal representation as a result of the criminal legal aid solicitors’ strike.

With additional reporting from Press Association.