IRISH DEFENCE BARRISTERS have held a protest outside the Criminal Courts of Justice amid calls for an increase in rates of pay in the criminal legal aid scheme.
The junior and senior lawyers said that the current rate of pay for District Court appearances is unsustainable.
Barrister Darren Lalor, who was one of the organisers of the protest said that the pay situation is at a point where many of his colleagues are leaving the profession.
“Many good lawyers are leaving the practice of law – or are moving from criminal law to other areas of practice, because they cannot afford to continue to do criminal defence work.
“Barristers who appear for an accused in the District Court usually get paid €25.20 for their work for that accused on that day. This is not sustainable,” he said.
The protest was supported by a number of senior barristers who do not practice in the District Court.
Lawyer Luigi Rea said that according to a report of the Department of Justice in 2018, the State’s funding of legal aid per capita of the population in Ireland was €18.40. This compared to England and Wales €38.14; and Northern Ireland €73.53.
“Fees at all levels of the criminal legal aid system have been anchored at the 2002 rates. Very substantial cuts in rates of payment have not been reversed despite the economic recovery,” he said.
Senior Counsel Feargal Kavanagh, who practices in the higher courts said the pay issue was directly affecting the Irish legal system.
“There is a strong public interest in a properly funded criminal defence system.
“The criminal legal aid system is not just about representing those who cannot afford to pay – it is about ensuring a fair, reliable and effective system as required by law for identifying wrong doers and upholding the rights of victims,” he added.
Well-known Senior Counsel Michael O’Higgins SC said it was essential to properly fund the public service of legal representation.
“Lawyers working in the District Court are providing a very important public service: this includes holding the authorities to account and upholding human and civil rights. This is part of the work at all levels in the criminal justice system. It is essential that this work be funded properly at all levels,” he added.
The Law Library, which represents Irish Barrister, said that a number of detailed reports have been prepared and are being sent to the Minister for Justice.
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