The High Court judge hearing a challenge to Ireland's new legal aid payment system has told lawyers she will not be in a position to deliver a ruling next week, according to The Irish Times. The judgment had been expected next Tuesday. Its delay raises the prospect of further disruption to criminal court business, which has already been heavily affected by a withdrawal of services by defence solicitors.
The payment model took effect on July 1. Under it, solicitors receive a flat fee of €520 regardless of how many clients they represent or how many court appearances a case requires.
Why it matters
Criminal defence solicitors have withdrawn their services in large numbers since the model was introduced, and The Irish Times reports that the action has led to thousands of case adjournments and serious disruption to the work of the criminal courts. With the judgment now postponed, that disruption looks set to continue for at least another week.
The dispute also places the courts themselves in an awkward position. The Chief Justice, Donal O'Donnell, said this week that the judiciary was very concerned about the row and hoped for a swift resolution, according to The Irish Times.
The challenge and the mediation question
The case was brought in July by John Quinn, a lawyer with John M Quinn & Co Solicitors. He is seeking to have the statutory instrument that underpins the new model quashed. The action is against the office of the Minister for Justice, with the Law Society of Ireland joined as a notice party.
Last Saturday, Law Society president Rosemarie Loftus wrote to the Minister, inviting him to enter mediation at short notice before the new legal year began on Monday. In a reply on Wednesday, the Minister said mediation would not be suitable while the regulations establishing the scheme are before the High Court.
The Minister also rejected the Law Society's contention that the new scheme rests on a fundamental misunderstanding of how the District Court operates. He said the model was shaped by a detailed grasp of District Court processes and by extensive analysis of earlier legal aid arrangements.
Data dispute and figures cited by the Minister
The Law Society has complained that the Department of Justice has not released the data behind its review of criminal legal aid payments. The Minister said the material could not be published because it covers thousands of individual cases and raises personal privacy issues.
He said figures for cases handled under the new scheme show that most were concluded at a single hearing, and that nearly all were dealt with within five appearances — which he described as the average under the old system.
In written replies on Wednesday to parliamentary questions from Social Democrats TD Gary Gannon, the Minister said 2,400 new legal aid certificates have been issued under the scheme, and that roughly 36 solicitors who had left the legal aid panel have since returned to it.
The Minister has said the old system was being abused, with one accused person's case attracting 50 or 60 certificates. Gannon said that had occurred in three instances; the Minister responded that there were considerably more than three. Gannon described the situation in courts around the country as a shambles and said the Minister has the power to resolve it.
Protest and a judge's criticism
The dispute has spilled into courthouses outside Dublin. Solicitors in Mayo have been striking, and a judge accused them of showing discourtesy to the court, The Mayo News reported. A protest was also held at Castlebar Courthouse, according to Midwest Radio.
More than 200 solicitors and barristers have protested outside the Criminal Courts of Justice in Dublin, The Irish Times reported.
Solicitors argue that the flat-fee structure leaves them unpaid for work on more complex cases, including those involving children and people dealing with addiction or mental health difficulties. The Minister has said repeatedly that the scheme is intended to improve efficiency and serves the public interest.
What to watch: whether the High Court sets a new date for judgment, and whether the Minister shifts position on mediation or on releasing the department's data.
