Sligo Solicitors Bar Association President warns proposed changes to legal aid scheme will have detrimental effect

By Nathan Molloy, The Sligo Champion

The President of the Sligo Solicitors Bar Association (SSBA), Caroline McLaughlin has warned that proposed changes to the legal aid scheme will have a detrimental effect on those practising criminal law and the wider community.

Criminal law solicitors in Sligo and nationwide have withdrawn their services in response to the proposals due to be implemented on July 1st and which has led to thousands of cases being adjourned. The withdrawal of services stems from plans to change Criminal Legal Aid payments to solicitors to a flat fee per client.

Minister for Justice, Jim O’Callaghan said at the weekend that while negotiations are taking place with Department officials with the possibility of the flat fee being increased, he was pressing ahead with the changes on Wednesday.

At present under the scheme - which assists people before the court who are of limited means - solicitors are paid for each court appearance, starting at €239.38, and then €59.86 for each subsequent appearance.

From July 1, solicitors representing clients under the legal aid scheme would get a new set fee of €455 when the case is finalised, regardless of how many court appearances they are. The Department of Justice argues that this flat fee would reduce the number of court appearances and improve efficiency in the criminal justice system.

Speaking to The Sligo Champion, Ms McLaughlin believes that the proposed changes would have a detrimental effect on those practising criminal law.

“Criminal law is a very specialised area of the law, and solicitors who practise in that area are dealing with some of the most vulnerable people in our society. It’s a complete overhaul of the system.

“Changing that system to the fact that they don’t get paid at the end, it would have a detrimental effect on our colleagues and the people who do this work going forward into the future.”

She fears that if the proposed changes are implemented, it would result in criminal law solicitors leaving that area permanently.

“It won’t be sustainable for practitioners to operate in on the basis of the flat fee that is being imposed, and I fear that would result in people withdrawing their services permanently in this area.”

Solicitors across the country have warned that the proposed changes could create “legal-aid deserts” in Ireland, where people of limited means would have to travel long distances to access a criminal law solicitor. She says that it would be devastating to the community, if the changes were implemented.

“We’re very privileged in Sligo to have a number of very highly skilled practitioners working in this area. And whilst, withdrawing services is a decision for every individual solicitor, it would be devastating to our community, if those services do not continue to be provided for anyone who finds themselves in a situation.

“Needing representation in relation to a criminal matter, is a very vulnerable stage for anybody to find themselves in. You need to know that if you’re in that scenario, there are high skilled people in your community that are able to represent you. That’s extremely important.”

The changes to the legal aid scheme were first announced by the Minister. The Law Society of Ireland has noted that the Department of Justice did not have any meaningful engagement with them before bringing forward the proposals. According to Ms McLaughlin, the proposals came as a huge surprise to those practising criminal law.

“The initial announcement back in February, it came as a huge surprise to a number of practitioners. There has been very little engagement [from the Department of Justice]. The Law Society continues to represent its members and is seeking to engage right up to this point in time with the Minister. It just seems very unbelievable that would happen, without proper consultation and without understanding the system.”

Speaking in the Dáil in response to a question on the issue, Mr O’Callaghan said that a department review identified specific structural issues in the administration of criminal legal aid. He argued that payment per appearance incentivised additional adjournments and that the proposed reforms were aimed at addressing these issues.

Ms McLaughlin says that the payment per appearance remark by the Minister struck a chord for those practising criminal law in Sligo.

“He [the Minister of Justice] talks about the need to cut out unnecessary adjournments and that is something that has really struck a chord with a lot of our members. 80% of cases are adjourned due to the State, waiting for DPP directions, disclosure, and these cases take time to prepare. The fact that a sweeping remark was made that adjournments, and the implication that cases are being adjourned for people to get paid more money. We do not accept that at all.

“Some cases are more complicated, and it takes time for things to take place to be ready to proceed to trial. What the public should remember with adjournments, the ultimate decision maker for any adjournment is the judge. It is not the case that the solicitor can simply request the adjournment, the judge makes that decision and only does so on the basis that it is required.”

Due to the withdrawals of services from criminal law solicitors in recent weeks, the majority of cases at Sligo District Court have been adjourned until November with hearing dates being pushed back to January and even February.

Ms McLaughlin says that solicitors want to have their cases finalised and that the Department of Justice has created a constitutional issue.

“For any practitioner in this area, they want to get on with the case, get them resolved. A major point here is that it’s a huge constitutional issue. Every member of the public should have a right to access to justice and have their cases dealt with in a timely fashion.

“It’s not an across the board strike, it’s each individual solicitor making their own decision, and they have to take a stand, it’s not right. I don’t practise in this particular area, but I do feel for my colleagues that do because they work very hard, they’re not seeking to get paid extra for their services they provide.

“We have to support them. We all have to feel that this is just not fair. It’s affecting the most vulnerable people in our society and the public in general should be outraged that this has happened. If you find yourself in that scenario, you need representation, you need the best people there who will get paid fairly for doing that job.”

As things stand, industrial action is set to continue by criminal law solicitors across the country over the proposed changes until there is meaningful action taken by the Department of Justice.

Ms McLaughlin believes that if the changes are implemented, it would lead to practitioners leaving the area, similar to when the Family Legal Aid scheme was changed.

“It’s not sustainable, it won’t be financially viable for people to represent on the basis of those figures that are being proposed. A similar structure was introduced in relation to family law, which resulted in a lot of practitioners removing themselves from that work because it’s not sustainable.

“If you’re in a criminal case with a number of appearances before the District Court and under the current proposals you’re paid €455 at the very end, provided that you are still instructed by the client, it’s not sustainable.”

- Article funded by the Courts Reporting Scheme.