The minister's account of the rape cases

Jim O'Callaghan appeared before the Oireachtas Justice Committee on Tuesday, 20 October, and faced questions about the solicitors' dispute over criminal legal aid. In his opening statement he said six rape cases were adjourned on Monday, 19 October, because solicitors had withdrawn their services, and that the only cases deliberately affected at the Central Criminal Court that day involved allegations of rape. He also said four rape cases had been adjourned on 12 October and that the only cases affected at that court on 5, 12 and 19 October were rape cases. He acknowledged that solicitors in Dublin had withdrawn services in ways that affected court hearings, while saying the legal aid scheme was operating nationwide. Asked to withdraw the remark, he said he wanted to set out the facts and had a responsibility to point out information given to him by the Courts Service.

Reaction from the Opposition and the coalition

Barry Ward, a Fine Gael TD and practising criminal barrister, described the remark as grossly unfair. He asked the minister to withdraw it, saying there was no evidence that solicitors had deliberately targeted rape cases. During the hearing Ward said:

“Every trial in the Central Criminal Court yesterday was a rape trial.”

Labour TD Alan Kelly said the remarks were a massive misstep from a negotiation point of view, while agreeing that the legal aid system needs reform. Green Party leader Roderic O'Gorman accused the minister of actively weaponising victims of rape, and Sinn Fein TD Mark Ward said the minister had cherry-picked one court. Social Democrats deputy leader Cian O'Callaghan said the open warfare between the minister and solicitors must end, and Labour leader Ivana Bacik said victims cannot be collateral damage in a proxy war. Taoiseach Micheal Martin defended the minister, urged the Opposition to engage in reform, and said the minister had met the Law Society twice, while the minister told the Dail he had last met the solicitors in July.

Courts and custody cases

On Tuesday, 20 October, Judge Martin Nolan at Dublin Circuit Criminal Court said dozens of cases had gone ahead with defendants unrepresented, even though the solicitors who were on record for them had not attended because of the dispute. Barristers told the court that the absent solicitors remained on record. Commenting on a case involving a man facing sentence for theft, the judge said:

“It is the most basic duty of a solicitor to represent a client in custody.”

He added that a statutory procedure exists for solicitors who wish to come off record, and that it requires them to come to court. In another case, a defendant appearing by video-link from custody had a solicitor on record who had refused to attend. In a further case, a defendant in custody since February told the judge he did not need a psychiatric report and said the wait was literally breaking him. The judge asked defence counsel to speak to the solicitor.

The fee dispute and the way forward

Many defence solicitors, particularly in Dublin, withdrew legal aid services from July after a new flat-fee system for District Court cases came into force. The old scheme paid a fee of 240 euro followed by 60 euro for each later court appearance, while the new flat fee is 520 euro per free legal aid certificate. On Monday, 19 October, the withdrawal widened to include custody and children's cases.

Old system, first appearance240

Old system, each later appearance60

New flat fee per certificate520

Old system, first appearance

240 €

Old system, each later appearance

60 €

New flat fee per certificate

520 €

Data from the article text

The minister wrote to Law Society president Rosemarie Loftus, instructing his officials to organise a meeting to hear the society's concerns, in reply to a letter the society had sent in the week of 13 October. At the committee he said that if issues arise he can adjust the reforms, but that they are in the public interest:

“I know that reform is difficult, but I have to look at what is in the best interest of the public and court users”

He also said he would not give in to the solicitors' demands. The sources do not give a date for the Law Society meeting.