Irish lawyers protest over 'pitiful' rates of pay for legal aid in criminal cases

A group of defence lawyers gathered across Ireland this morning for the second time in as many months to protest low rates of pay for legal aid in criminal cases. 

Both junior and senior lawyers stood outside courthouses, including the Criminal Courts of Justice in Dublin, to demand action on what many have called "pitiful" payment rates in the District Court. 

One of the organisers of the protest, Darren Lalor BL, said "There is a real danger that good people are put off doing criminal defence work because they do not have their own independent resources to fund them through years of earning next to nothing.

"It is not in the public interest that good lawyers are effectively pushed out of criminal defence work due to low rates of pay." 

Organisers wrote to the Presidents of all Courts earlier to explain that many lawyers would be unavailable for twenty minutes from 10.30am today (Monday April 4) due to the protest. 

The letter, which was co-signed by former Chairman of the Bar Council, Mícheál P. O'Higgins SC, described the rates of pay in the District Court as "uneconomic and unsustainable".

Reportedly, defence lawyers are receiving rates far below that of their peers in Northern Ireland. 

Luigi Rea BL, stated that according to a report of the Department of Justice in 2018, the Irish State's funding of legal aid per capita of the population is €18.40. This is far below the rates available in England and Wales (€38.14) and Northern Ireland (€73.53). 

He said, "Fees at all levels of the criminal legal aid system have been anchored at the 2002 rates. Very substantial cuts in rates of payment have not been reversed despite the economic recovery." 

Ms. Eileen O’Leary SC, a senior barrister who practices in the higher courts said, "Everyone in our society benefits from a properly funded criminal defence service. A properly functioning criminal legal aid system vindicates the rights of victims, and treats the accused fairly. Damaging the administration of justice is bad for victims and the whole of society."