Around 100 solicitors who work in the criminal legal aid system in Dublin have protested outside the Courts of Criminal Justice as part of their continuing campaign against a new model of payment due to be introduced next week.
The Department of Justice intends to bring in a flat fee payment per client on 1 July, regardless of the number of hearings involved in a case.
Representatives of legal and human rights organisations also expressed their opposition to what the Law Society says is an effective 20% cut to criminal legal aid.
President of the Law Society, Rosemary Loftus said it was “hard to overstate” the level of anger among solicitors about the proposals.
She said it was “deeply alarming” that the Government was proposing a 20% cut to criminal legal aid while imposing a model which she said had “demonstrably failed” in the family law area.
She said the Government was implementing this proposal on the basis of anecdote and hearsay which she said was an insult to the legal profession and the public.
She said it should be grounded in rigorous analysis and systematic evidence.
Ms Loftus said the new proposal would make criminal legal aid practice financially unsustainable for many solicitors and she claimed it would trigger an exodus from the scheme.
Chair of the Bar Council, Senior Counsel, Seán Guerin said the existing system enabled everyone who came before the courts to get a fair hearing and effective legal representation and he said it provided good value by international standards.
Seán Guerin SC speaking to reporters outside the CCJ (pic: Collins)
He said reforms must protect the integrity of the system and ensure lawyers could continue to provide independent and effective representation.
The lawyers were also supported by the Irish Council for Civil Liberties, the Irish Human Rights and Equality Commission, the Irish Penal Reform Trust and Free Legal Advice Centres.
They are calling on the department to reconsider elements of the planned reforms before next Wednesday.
The solicitors have already taken action including refusing to act in bail cases and new custody cases since last week.
They have agreed not to attend garda stations or provide phone advice to people in custody and are not making themselves available for evening courts, Saturday courts or special sittings.
Their actions are causing considerable disruption to court hearings, with cases involving accused people who are on bail and on legal aid, having to be adjourned.
These include cases in the Circuit Criminal Court and in the Central Criminal Court. Cases of money laundering, possession of drugs for sale or supply, threats to kill and rape are among those affected.
It is expected that disruption will worsen next week if matters are not resolved.
The Department of Justice says the proposed reforms will improve the efficiency of the criminal justice system.
A recent review of the criminal legal aid scheme for the department, claimed the current payment system incentivised solictiors to seek multiple hearings.
It is understood that discussions between the Law Society and the department are continuing.