"It's A Crisis": Criminal Legal Aid Dispute Rumbles On As Local Solicitors Meet Kildare TDs

The new scheme was introduced on July 1st, and affects cases where criminal defendants require free legal aid

The changes to the Criminal Legal Aid scheme are continuing to cause concern for practicing solicitors and other bodies less than a month after it was introduced.

Local solicitors met with Kildare TDs Fine Gael's Joe Neville and Sinn Féin's Réada Cronin in recent days to voice their concerns.

The new scheme was introduced on July 1st, and affects cases where criminal defendants require free legal aid.

The new scheme involves a flat fee of €520 being given to criminal legal aid solicitors for such cases, in comparison to the old model whereby they were paid €240 for their first appearance in court, and almost €60 for every appearance after that.

Minister for Justice Jim O' Callaghan has said that the new scheme will ensure fairness and efficiency with these cases, as well as highlighting a recent report of criminal legal aid expenditure rising from €19m in 2015 to €37m in 2024.

A poll of 260 solicitors from Law Society of Ireland revealed that only three of them would remain as criminal legal aid solicitors due to the new flat-fee.

Speaking on Kildare Today, Niamh Kelly of Michael J.Staines and Co. Solicitors said that the new scheme is "unworkable":

"From our perspective, it's simply unworkable, we deal with cases that are extremely complex, generally people who use the legal aid system come with complexities and vulnerabilities, so it's never straight-forward."

She also said that the main concern is the access to justice for groups like "extremely vulnerable children" who are "going to suffer" as a result of the scheme.

She criticised the Justice Department for their approach, saying that they "put the blame" on criminal legal aid solicitors.

"Unfortunately what they have failed to do in that Department is look at what are causing the delays, he seems to have decided to put the blame on criminal defence practitioners, but it's just not the case."

"If we look at the reason for the majority of adjournments, they are either statute based or on the part of the state."

She also added that the changes were not based on "accurate data", stressing that this is "not about money".

"I'm concerned that something is going to happen and it's going to be too late for the Minister, this is the time for it to be sorted out, not when something bad happens."

Ms Kelly described the meeting with Kildare TDs Fine Gael's Joe Neville and Sinn Féin's Réada Cronin as "helpful".

Minister for Justice Jim O' Callaghan has remained defiant in his stance on the new scheme, and doesn't seem likely to make any further changes, despite concern being expressed across the practice.

The full interview can be heard below: