Wicklow solicitors withdraw indefinitely from criminal legal aid scheme over proposed reforms
The Wicklow PeopleWicklow solicitors have voted unanimously to withdraw from criminal legal aid work in protest against proposed reforms to the District Court legal aid system, which they claim will undermine access to justice and create “legal deserts” across rural Ireland.
The decision was reached at the annual AGM of the Wicklow Solicitors Association, which took place at the Glenview Hotel and was attended by a large number of legal practitioners from across the county.
The main topic of discussion was a series of reforms proposed by the Department of Justice, which would see solicitors representing defendants in District Court criminal cases for a single flat fee, regardless of the number of court appearances required.
Solicitors at the meeting agreed that the proposals amount to a direct attack on the criminal legal aid system and could deprive vulnerable people of equal access to legal representation before the courts.
Speaking at the meeting, Wicklow Solicitors Association president Donal O’Sullivan said the reforms were effectively being presented as a fait accompli by the Justice Minister and senior officials within the Department.
Mr O’Sullivan said no meaningful engagement had taken place with the legal profession and criticised what he described as a “one-size-fits-all” approach.
He further rejected suggestions that solicitors were seeking unnecessary adjournments in order to increase legal aid fees.
The statement said fees in criminal legal aid cases are approximately €57 and are subject to retention tax.
Mr O’Sullivan argued that delays in courts such as Arklow and Bray are generally caused by resource shortages, unavailable witnesses and delays in obtaining probation reports rather than any actions on the part of solicitors.
The meeting also heard that spending on criminal legal aid represents only a small proportion of the Department of Justice’s overall budget. It was noted that departmental figures show €132 million was spent on external consultants between 2018 and 2022.
Solicitors attending the meeting outlined individual actions they intend taking to hold the minister accountable for what they described as a deeply concerning attack on constitutional rights and access to justice.
As part of the protest, Wicklow solicitors will withdraw from criminal legal aid work from Monday, June 22.
However, they will continue to deal with ongoing trials, custody cases, bail applications and juvenile or protocol matters. The association stated that the withdrawal of services is not time-limited and will continue until further notice.
It added that the Judiciary, An Garda Síochána, the Courts Service and the Bar Council will be informed of the action.
It is understood that Garda Commissioner Drew Harris is seeking legal advice regarding the impact of the withdrawal of criminal legal aid services, amid concerns over the availability of solicitors for court proceedings.
Previously Arklow-based solicitor Pauric J. Hyland described the proposed changes as “an attack on the most vulnerable members of society disguised by the Minister as a reduction in lawyers’ fees”.
The action has already caused disruption in Wicklow, with criminal matters in Bray and Wicklow Circuit Courts affected when solicitors commenced their withdrawal earlier this week.
Despite the growing opposition from solicitors across the country, it is understood that Justice Minister Jim O’Callaghan has given no indication that the proposed reforms will be withdrawn.
Previously Wicklow solicitor Mark Maguire, based in Bray, described the industrial action as a measure of last resort, stating that practitioners had attempted to engage with the Department of Justice for several months.
He added: “While it may seem to some that this action has materialised from thin air, the reality is that the Law Society have sought since February, when these reforms were announced, to engage in good faith with the Department of Justice.
Barrister Sorcha Ní Néill Fulham said: “The right to be legally aided in one’s defence is not a privilege, it is not a gift from the State, it is a right guaranteed by the Constitution. A trial in due course of law.
“Other rights equally protected are the right to earn a livelihood and the right to protest. The latter being of significant importance in upholding all other rights which the State too often seeks to trample.
“Those who work in criminal defence work with some of the country’s most vulnerable communities, ensuring their rights are respected and vindicated. The withdrawal of services seeks to continue the work done on a daily basis, uphold the rights the minister’s proposed reforms will undermine. The right of access to legal assistance and the right to a trial in due course of law.”
Meanwhile, solicitors in Cork have voted to expand their withdrawal of services from June 22, with practitioners there stating that they will withdraw from all criminal legal aid work, including juvenile, protocol and custody matters, with the exception of ongoing trials.
The move signals a widening national dispute between criminal defence solicitors and the Department of Justice over the future of the criminal legal aid scheme.