New legal aid scheme ‘an attack on administration of justice’

The introduction of changes to the legal aid system is “an attack on the administration of justice” according to a Roscommon solicitor.

Con Harlow appeared before Judge Tom McSharry at Castlerea District Court on Friday to explain that he was formally withdrawing his services on that date.

He said the new scheme being introduced by the Minister for Justice was an attack on the administration of justice and the erosion of the constitutional rights of someone in need of legal aid services.

Under the new scheme the Minister for Justice Jim O’Callaghan has increased the proposed flat fee for criminal legal aid solicitors in the district court to €520 from the original proposal of €455.

The last month has seen solicitors all over the country withdrawing their services in protest with an estimated 30 practitioners in County Roscommon involved.

Mr Harlow in response to the minister’s actions said, “this is an attack on the constitutional right of solicitors to earn their livelihood.” He added, “The Minister for Justice has purported to bring in a scheme from last Wednesday which is compelling us to accept a scheme which is completely unworkable and unsustainable. He is failing to recognise the responsibility involved in dealing with the provision of legal services to people who cannot afford to pay for legal services including juveniles, people with addiction problems and people with mental health issues.” He continued, “We are trying to survive and earn a living ourselves and we cannot accept and proceed to provide these services anymore on the basis of what the Minister for Justice is seeking to impose upon us under the new scheme he has implemented.” “We cannot accept this situation when we’re taking on the profound responsibility of providing legal services to another human being who is legally entitled to those legal services.”

He explained that under the Irish constitution a person has the right to a fair trial. He said when a person is arrested and detained by the gardaí and is a suspect in relation to alleged criminal offending, both under the Irish constitution and under EU law, which is binding in Ireland, they have a right of access to legal services.

He added, “The new scheme is completely misconceived and it’s unworkable and it fails to understand and recognise what are the core issues that you’re dealing with: the obligation on the state and under EU law of the fair trial rights of every individual, and that the rates and the manner in which they’re seeking to impose those rates upon us are completely unworkable.”

Under the new system, solicitors will be paid one fee per defendant regardless of the number of appearances. This fee will apply regardless of the number of charges a defendant faces and will also be paid to the solicitor who represents the defendant on the final day, despite the fact that another solicitor may have represented the accused on a number of previous occasions.

Mr Harlow added, “This is an attack on the constitutional right of lawyers as well solicitors to earn their livelihood. The legal aid scheme is actually there to pay the practitioners to cover the running of their office and their staff, this isn’t just for appearing in court.” Judge McSharry thanked Mr Harlow for his courtesy in appearing to explain his position and went on to adjourn the majority of cases on the court list.

*Published under the Courts Reporting Scheme