JUSTICE MINISTER JIM O’Callaghan has criticised the Law Society’s approach to the criminal legal aid dispute but said he is hopeful the issue will be resolved by the time the courts fully return from recess in October. 

Speaking on The Journal‘s political podcast The Candidate, O’Callaghan said there is a “very vocal group” of solicitors opposed to his reforms, but that a quieter, larger group are happy to work under the new scheme. 

Asked whether he expects to have to make further changes to the system, the minister voiced his frustration with the Law Society, the representative body for solicitors.

“Listen, I’m going to engage with the Law Society. I’ve made changes already. One of my concerns is every time I make a concession, the Law Society just bag it and say, ‘Well, we want more’.

The minister added that he does not want to “say anything that’s going to aggravate the circumstance” but stressed that work is ongoing in the District Court.

“We don’t hear from the solicitors who are doing the work. Work is ongoing in the [District] Court. But this idea that ‘let’s put pressure on the minister and he’s going to revoke the regulations’, that’s not going to happen,” he said.

O’Callaghan said he recognises the “really important role that solicitors play in the criminal justice process” but that he had to take action against abuses in the payment system for legal aid fees in the District Court.

“The solicitors made a number of submissions to me before the 1 July when the new rules came in. I took on board a number of their submissions,” he said. 

• Why have solicitors taken industrial action against a government plan to reform legal aid?

Criminal legal aid solicitors have been locked in a row with the Department of Justice for weeks over the overhaul of the fee system for their work.

Solicitors have criticised the change because they will earn a flat fee regardless of how many appearances are involved in a case.

In response to the dispute, some solicitors have withdrawn their services, resulting in delays to legal cases and some defendants having to represent themselves in court. 

In response to the pushback from solicitors, O’Callaghan increased the fee initially proposed.

“I’ve a good relationship with the Law Society, I want to see that continue,” O’Callaghan said today, adding that, based on his engagement with solicitors, he also split up the fee so that it is in part paid on the first and last day of a case.

The minister added that he will look at issues related to the Children’s Court after the new scheme has been operating for three or four months and said that “if there needs to be changes to that, I’m open to changing it”.

“But I could not allow the system to continue as it was,” he said.

Listen to Jim O’Callaghan’s full interview on The Candidate here.