Tipperary becomes 'criminal legal aid desert' as solicitors resign over pay dispute
Solicitors’ representative group says new Legal Aid pay model is ‘unworkable’
The Tipperary Solicitors Bar Association has confirmed that 33 out of 34 criminal legal aid solicitors resigned from the Premier County’s Criminal Legal Aid panel this week in the dispute over changes to how solicitors are paid by the State for free legal aid cases.
The TSBA said the solicitors decided to resign from the panel because they believe the new pay model is “unworkable”. The Association, however, welcomed Justice Minister Jim O'Callaghan’s meeting with Law Society representatives on Monday.
“Just one criminal defence solicitor remains on the Criminal Legal Aid panel in Tipperary after 33 solicitors resigned from the panel, meaning the county has now become a criminal legal aid desert,” the TSBA said in a statement issued on Tuesday morning.
“What the Department (of Justice) has introduced is a cost-cutting exercise that will have a profoundly negative impact on access to justice.
“Solicitors want to see an efficient and sustainable Criminal Legal Aid system that is accessible to all who need it. We are not going to be complicit by working in a system we know will fail the very people it is meant to protect.”
The TSBA said the Law Society has highlighted several concerns about the new Criminal Legal Aid model.
“No provision was made for particularly vulnerable groups, or categories of cases where the length of proceedings is known to be longer.
“This includes cases involving children, where the court exercises a more supervisory, rehabilitative type role.
“It also includes cases involving people with mental health or capacity issues, where fitness to plead issues can arise. These cases almost always require additional time, additional appearances and patient, repeated engagement with a solicitor - none of which is factored into the new model.”
The TSBA pointed out that meetings and negotiations have taken place with Department of Justice officials for several months, without the main issues being addressed.
“Finally on Monday the Minister for Justice Jim O’Callaghan met directly with the Law Society.
“We welcome this development and hope there is genuine engagement and that the Minister listens to our legitimate and reasonable concerns.”
The TSBA said the Law Society addressed the relevant issues and proposed some solutions to the Minister.
“The Law Society made it clear that the legal profession has been calling for reform of the Criminal Legal Aid scheme for years and that while it may suit certain agendas to paint the profession as anti-reform, this is patently untrue.
“The Law Society informed the Minister that a workable practical model was required for all stakeholders and that it was necessary to avoid the mistakes that were made in the area of family law, where a similar model was introduced and failed.
“The TSBA welcomes the engagement with the Minister and hopes some progress can be made. However, our position is clear: any reform of criminal legal aid should be workable, fair and evidence-based.”
When contacted for comment, the Department of Justice said the Minister met with Law Society representatives on Monday and listened to the issues they raised. “He will now consider those issues with his officials,” the Department added.