THE BAR OF Ireland has “urged” justice minister Jim O’Callaghan to “bring about a resolution” to the solicitors’ strike before the new legal year begins.

In a statement, the Bar of Ireland called on O’Callaghan to “engage further with the Law Society and with criminal defence practitioners on the genuine issues which have been raised by them”.

The new legal year commences on 5 October and the Bar said it is “extremely concerned that the dispute has not yet been resolved”.

In July, O’Callaghan replaced a per-appearance fee with a flat rate, a move which prompted hundreds of solicitors to withdraw their services.

It has impacted several cases involving vulnerable court users entitled to criminal legal aid, with many matters being adjourned for months.

A spokesperson for the Bar of Ireland remarked that the “prospect of continuing disruption on the advent of the new legal year is of the utmost gravity”.

It called on the government to “ensure that the criminal justice system is functioning in order to vindicate the rights of victims and accused persons and to protect the public”.

Meanwhile, the spokesperson for the Bar of Ireland warned that the flat rate introduced in July “risks reducing the willingness of practitioners to take on criminal legal aid work, particularly in more complex cases”.

This spokesperson explained that this risk exists because the flat rate “doesn’t appropriately reflect the fact that criminal proceedings vary so widely in length and difficulty”.

“This has already happened in the civil legal aid system, to the lasting detriment of those most in need of legal assistance,” warned the Bar.

File image of justice minister Jim O'Callaghan Alamy Alamy

The spokesperson added that the criminal legal aid scheme provides access to experienced and independent legal practitioners “in a manner that is both efficient and cost-effective”.

“Its continued viability is therefore essential to the proper functioning of the criminal justice system,” said the spokesperson.

The Bar of Ireland remarked that in expenditure terms, the scheme, as it operated before 1 July, was “broadly similar or slightly cheaper compared to Northern European peers”.

It added that criminal legal aid is a “fundamental part of ensuring access to justice and the right to a fair trial” and that without solicitors working in this area, “the right of an accused person to a fair trial cannot be vindicated”.

“Just as importantly, the State’s basic obligation to maintain a functioning criminal justice system for the protection of all citizens cannot be met.”

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The Bar of Ireland noted that many criminal solicitors have withdrawn their services in response to the introduction of the new scheme.

The spokesperson said this is because it is “no longer economically viable to practice in this area while providing the expertise and level of service accused persons are entitled to”.

The dispute has resulted in large-scale adjournments of criminal business across all court jurisdictions, including the Circuit Criminal Court and the Central Criminal Court.

In Dublin alone, the Bar of Ireland said hundreds of people who stand convicted of serious criminal offences remain in the community awaiting sentence, due to their scheduled sentence hearings being adjourned throughout the month of July.

“Trials of serious criminal offences across the country have been adjourned,” said the Bar of Ireland.

It meanwhile warned that the “full effect of this disruption has yet to be felt as the backlog of cases remains to be dealt with”.