Why are solicitors protesting over legal aid? Will it disrupt courts?

James Cox

Dozens of solicitors walked out of District Court rooms on Wednesday in protest over a new payment system for criminal legal aid.

So what is the protest about, and how will it impact the courts?

What is the new criminal legal aid law?

Minister for Justice Jim O'Callaghan has confirmed the new system, which will see criminal legal aid solicitors paid a flat fee of €520 per case. 

Solicitors have argued that this is an insult to their work and time.

What is the immediate result of the new law?

According to the president of the Law Society, Rosemarie Loftus, solicitors across the country are resigning from the criminal legal aid scheme.

"The Minister for Justice wrote to the Law Society yesterday evening and confirmed that he intends to press ahead on 1 July with a flat fee, regardless of the serious concerns the legal profession has raised," she said in a statement.

"The people who will pay the price are victims of crime, who will see trials delayed, as well as some of the most vulnerable in society. They are children in trouble for the first time. They are people struggling with addiction or serious mental health conditions.

"They are people who are homeless, victims of trafficking, and people in acute crisis."

How did legal aid work before?

The previous legal aid scheme included payment for each court appearance for solicitors. Solicitors were initially paid €239.38, and then €59.86 for each subsequent hearing.

What did Minister O'Callaghan say?

In an appearance before the Oireachtas Committee on Justice, Home Affairs and Migration, O'Callaghan said there have been "abuses going on in the system".

He cited cases where persons were charged with more than one offence, which leads to payments of €240 per offence.

He said the €520 payment will be more efficient.

“The one flat fee of €520 will be paid for representation from beginning to end of a case. This will remove the link between payments and the number of appearances, or defendants represented on a given day,” the Department of Justice said in a statement.

“This reform will simplify administration, incentivise timely case resolution without affecting quality of representation, protect access to justice, and ensure fair remuneration for legal practitioners.”

Will cases be delayed?

A number of cases before the Criminal Courts of Justice have already been adjourned, and this disruption is likely to continue as long as the protest goes on.

The Law Society has warned of a "solicitor exodus".