Minister for Justice Jim O’Callaghan has defended plans to reform the free legal aid system amid an ongoing dispute with solicitors, saying the changes were designed to ensure the system was "speeded up".
“I regret the fact that there is a row, but my focus on this and the focus of everyone involved in this dispute should be what's in the best interest of the public and what's in the best interest of the court users.”
O’Callaghan told RTÉ radio’s Morning Ireland that research within the department of 350,000 criminal cases between 2022 and 2023 showed criminally legal aid-funded cases took five court appearances to be concluded, while it took three appearances for non-criminally legal aid-funded cases.
“That's the basis upon which I introduced the flat fee of €520, which gives recognition to the fact of there being five appearances.”
O'Callaghan said he recognised the very important role free legal aid solicitors played in the administration of justice.
He said the court service does not record the basis upon which someone makes the application for an adjournment. "But what it does record is the number of appearances and the number of adjournments that take place in district court. And the document that is up on the Department of Justice website reveals the extensive number of adjournments in criminal cases in the district court,” he added.
“The request for adjournments needs to be dealt with much more stringently, and it should not be happening on the routine basis that it is happening now. By changing the fee structure, and I have responsibility for the fee structure, my view is that by changing the fee structure, it will reduce the incentive to seek or to agree to adjournments.”
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O’Callaghan said he was not trying to be antagonistic towards the financial interests of solicitors. “I'm trying to improve the system for the public and for the court user."
He denied he had been “intransigent”, saying he had engaged with the Law Society and met them in May, his official met them in January, March, and June of this year.
“The first time I got a request since I introduced the regulations to meet with the Law Society was last night. I will meet with them. I have no difficulty meeting with them. And I'm sure there are some areas in terms of where they can make points to me that I will accept and engage with them on.”
“But what I won't do is I'm not going to go back to the old system whereby multiple certificates can be issued to solicitors who are representing the one accused before the district court,” he said.