Irish solicitors widen legal aid withdrawal as Dublin trials are disrupted

Criminal defence solicitors across Ireland expanded their withdrawal of services on 19 October in a dispute with Justice Minister Jim O’Callaghan over legal aid fees. RTÉ reported that around half of the rape and sexual assault cases due for trial that day at Dublin’s Central Criminal Court were disrupted, showing the action’s immediate effect on court proceedings.

TheJournal.ie reported that solicitors had notified court presidents late the previous week that they would withdraw from all criminal defence services, including custody cases and cases involving children. RTÉ also reported that solicitors were withdrawing from private work. A solicitor acting for someone in custody needs a judge’s permission to withdraw, and the court must consider the consequences, RTÉ said.

Why solicitors are disputing the legal aid fees

Solicitors argue that the model does not adequately provide for complicated cases with multiple appearances or charges, or cases involving children, RTÉ reported. Amanda Connolly, vice-chair of the Law Society’s criminal law committee, said complex cases would not be viable for solicitors under the scheme. That is her assessment of its likely effect.

The withdrawal follows months of disagreement. TheJournal.ie reported that thousands of criminal cases had been adjourned since mid-June. It said the Law Society president sought a meeting with O’Callaghan on 13 October, but the request had been denied as of its report. O’Callaghan also declined the society’s proposal for mediation, saying he was not convinced it was appropriate for a dispute involving the law.

Minister says regulations will remain in place

O’Callaghan said he would not revoke the regulations but was willing to consider changes and engage again with the Law Society, according to RTÉ. He described the system as operating effectively across the country and said more than 3,400 legal aid certificates had been issued under it. Solicitor Tony Collier told RTÉ’s Morning Ireland that the withdrawal was not a one-day action and said it could end if the minister engaged with solicitors.