Justice Minister Jim O'Callaghan Alamy

Jim O’Callaghan is proving to be a Teflon justice minister

O’Callaghan was a near-constant fixture in this week’s headlines, but what may have damaged another minister made no dent in the justice minister’s standing.

A CRIMINAL COURT system in chaos due to a blazing and bitter row with solicitors that has no apparent end in sight, and a ministerial intervention to tell an independent rape crisis organisation to take down an ad that sought to promote consent.

What may have been a career-ending political week for another minister has not just left O’Callaghan unshaken, but has actually bolstered the seemingly Teflon-coated minister’s position.

The week began with striking criminal legal aid solicitors escalating their dispute over the justice minister’s reforms to their fee structure, leading to hundreds of trial adjournments across the country.

O’Callaghan opted to focus on the cases impacted in the Central Criminal Court, noting that all six of the cases adjourned there on Monday were cases involving an allegation of rape.

His suggestion that this was an intentional tactic by striking solicitors to “deliberately” target rape trials caused uproar from those in the profession as well as opposition politicians.

Despite the backlash, the minister doubled down on the remarks, telling the Oireachtas Justice Committee on Tuesday he was “perfectly entitled to make the point I did”.

The dispute could so far be described as an immovable object meeting an unstoppable force, with neither side budging enough to stop the chaos in the courts that has dragged on for over three months now.

The outcome to date has been thousands of people left without legal representation, situations where victims have been cross-examined by their alleged abusers, and even longer delays than usual for people seeking justice.

There is also a very real concern that the disruption will lead to convictions being overturned. The longer the dispute drags on, the greater that risk.

But rather than this spooking O’Callaghan’s Fianna Fáil colleagues, the party has remained steadfast in its support of him.

Taoiseach Micheál Martin publicly backed the justice minister this week, refusing to intervene in the dispute, while party backbenchers have also been complimentary of how he is handling things.

As one minister put it: “There’s no talk [in the party] that this is damaging him politically. It’s the sign of a good minister to go up against vested interests”.

“There’s a general belief he’s on the right track here and that he’s got to hold out,” they said, adding that people in the parliamentary party generally feel O’Callaghan is being “generous” with what he has offered solicitors.

On the justice minister’s suggestion that solicitors were deliberately targeting rape trials, a claim The Journal‘s FactCheck team has found to be misleading, another Fianna Fáil TD said:

“They did target rape trials. Jim just said it out loud.”

“You can dress it up the way you want, but the reality is…they escalated it to the most vulnerable cases,” the TD said.

On whether the ongoing dispute will have any impact on O’Callaghan’s leadership ambitions, the answer from Fianna Fáil backbenchers was the same as it was when The Journal asked in July: No.

Outside the party, though, many took a different view.

Solidarity TD Ruth Coppinger accused the justice minister of using rape and sexual assault survivors “as a political football”.

Meanwhile, multiple judges have appealed to the solicitors and the minister to sit down and come to a resolution.

The pressure has led to a small shift in position from the minister, who, after weeks of refusing to do so, has agreed to meet with the Law Society early next week.

But whether an agreement will be reached to end the strike remains unclear – both sides appear just as entrenched as they were back in July.

Dublin Rape Crisis Centre Ad

In the latter half of the week, O’Callaghan was back in the headlines for a different reason, one that caught many by surprise.

Early on Thursday morning, O’Callaghan issued a statement criticising an ad promoting consent from the Dublin Rape Crisis Centre (DRCC) and saying that it was removed by the DRCC following engagement from his officials.

The ad itself, which depicts a teenage girl uncomfortable with receiving a hug from her grandparents, has completely divided public opinion.

On one end of the spectrum, people have argued its representation of grandparents was offensive. On the other, people say the ad’s underlying message about consent is important – even if the ad itself was perhaps clunky.

Leaving the substance of the campaign aside, the minister’s decision to intervene in the running of the DRCC, and the reaction to that decision, merit scrutiny.

Some opposition politicians have argued the move was an overstep.

Social Democrats TD Gary Gannon said the justice minister’s decision to instruct the DRCC (an independent organisation that receives funding from the Department of Justice) to remove content he disapproves of sets a dangerous precedent.

Meanwhile, Labour MEP Aodhán Ó Ríordáin said O’Callaghan was playing a political game with rape and sexual assault to “enhance his tough guy image” ahead of a Fianna Fáil leadership contest.

“He should spend more time ending the solicitors’ dispute so sexual assault and rape victims get justice and less time scrolling on his phone,” Ó Ríordáin said. 

While many outside Leinster House may share these views, few other politicians voiced them.

Notably, Sinn Féin, the largest opposition party in the Dáil, opted not to criticise the minister over the DRCC intervention – a sign perhaps of just how strong the public opposition to the ad was.

But if a minister can intervene to have an ad about consent taken down, what other interventions into independent organisations will be deemed acceptable? 

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