Legal aid dispute expected to disrupt upcoming circuit court sittings

The Minister for Justice and the Law Society have agreed on a short, focused engagement between their representatives, commencing this Friday, 30th October as the ongoing legal aid dispute continues.

The dispute is expected to cause significant disruptions in Trim Circuit Court, as a new term of sittings began last week without resolution.

The withdrawal of legal aid services from solicitors amid the dispute means that there are significant numbers of people who are seeing their cases repeatedly adjourned in the hope of a resolution.

It was made clear by a number of solicitors that they remained on strike and they were unable to act until a resolution had been made.

Judge John Martin acknowledged the strike, but did tell present solicitors that they are legally required to represent their defendants who are in custody, under the Legal Services Regulation Act 2015, Section 215. Solicitors can only withdraw under leave of the court after making an application.

Judge Martin described it as an “absolutely impossible position”. “My hands are tied. I either breach the law, and create tension by doing so, or I uphold the law, and create a different tension. It’s a very difficult situation.”

The Minister for Justice, Jim O’Callaghan, met with representatives of the Law Society, led by President Rosemarie Loftus today, Wednesday, 28th October.

The parties discussed the operation of the new Criminal Legal Aid regulations and the withdrawal of service by some solicitors, which is impacting the operation of certain criminal courts.

The Minister and the Law Society agreed to commence engagement this Friday.

This engagement will explore areas for adjustments within the scheme to address the concerns being raised by practitioners, while ensuring the purpose of the reform - to speed up case resolution and improve the operation of the District Court – is preserved.