It's because of a new scheme that will change how solicitors are paid for criminal legal aid cases
The withdrawal of solicitor services for criminal legal aid cases has entered it's fifth day.
It's because of a new scheme that will change how solicitors are paid for criminal legal aid cases, causing widespread disruption.
In Kildare, most of the 175 cases were not heard on Tuesday in Naas District Court as a result.
The new Criminal Legal Aid Scheme will mean that solicitors are paid a flat fee of €455 for these cases, as opposed to being 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.
The Law Society of Ireland recently met with Justice Minister Jim O Callaghan about the changes and said that the meeting failed to address their concerns, adding that paying criminal lawyers a flat fee for legal aid will jeopardise people's right to a fair trial.
The society are also meeting this morning to discuss the issue.
Gardaí have said that they are concerned industrial action could be used as a line of defence in future court cases if the withdrawal of services continues.
The Justice Minister admits industrial action by criminal aid solicitors may be used as a line of defence in future court cases - but he doesn’t believe it will be an effective one.
Speaking on Kildare Today, Tim Kennelly, principal of Tim Kennelly Solicitors in Naas said that the new scheme needs prior consultation with experts:
"It cannot be a situation and a scenario whereby we are told 'this is it and you're going to deal with it', if this comes in, and in the way the minister is seeking to do it, it's coming in in perpetuity."
"The minister and the department need to sit down with experienced criminal defence solicitors and talk to them about how best to reform this, because there are ways to reform it."
He added that criminal legal aid fees made to criminal solicitors are "just under 1%" of the total Department of Justice budget.
The full interview can be heard below:

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