JUSTICE MINISTER JIM O’Callaghan today claimed the courts are “operating effectively” despite the solicitors’ strike over changes to the criminal legal aid fee model. 

Speaking to reporters in Ballymun today, where he was attending an event on child poverty, the minister was asked for an update on his dispute with solicitors, which has dragged on since early July and caused significant disruption in the district and criminal courts. 

On Tuesday, 100 criminal solicitors staged a walkout of the District Courts in Dublin over their dissatisfaction with the new ‘flat fee’ model for legal aid cases.

The new payment model, which came into effect on 1 July, means solicitors receive a fee of €520 per legal aid client regardless of how many court appearances the case ends up consisting of or how many different charges are brought.

Solicitors are demanding that the justice minister backtrack on key elements of the model, which they say is “not feasible” and could leave them “working for free” on complex cases requiring many different appearances.

It was put to the minister today that there are currently chaotic scenes taking place in the courts, with judges having to spend significant time explaining rights to defendants without solicitors, and defendants unable to represent themselves in the face of bail objections. 

Asked what he is going to do to end the dispute, the minister responded: 

“I disagree with your characterisation of what’s happening in the courts.

“As Minister for Justice, I get information in respect of the Criminal Legal Aid Scheme in the District Court. I’m aware of the number of certificates that have been issued, that were issued in July. Obviously, in August the courts weren’t operating. So I’m satisfied that there are solicitors who are operating the scheme and doing so effectively.

“And as you’ll be aware, there’ve been a number of judgments of the High Court recently, which indicated that if a person is denied bail in the District Court, that the appropriate remedy for them is to appeal that to the High Court, and that’s happening.”

He added: “The criminal courts are operating, and they’re operating effectively.

“It is obviously the case that a number of solicitors, particularly in Dublin, have withdrawn services, but notwithstanding that, services are being provided to people accused of offences in the District Court in Dublin.” 

Asked if he is willing to get back around the table with the Law Society and make further concessions, he said he has already made concessions and believes they have been “very fair”. 

“All our focus should be on what’s in the best interests of court users, not what’s in the best interests of judges, or in the best interests of solicitors or barristers or politicians, what’s in the best interests of people who are going before the courts, and the new system, I believe, is serving them best,” he said.

Speaking recently on The Journal political podcast The Candidate O’Callaghan claimed that every time he “makes a concession”, the Law Society “bag it” and asks for more.