Dundalk solicitors to join national legal aid action
A solicitor’s office in Dundalk has said it will join law practitioners around the country in withdrawing its services on Tuesday 3rd October as part of a major escalation of the Council of the Bar of Ireland’s campaign for fee restoration.
The dispute is over the fees paid to barristers by the Director of Public Prosecutions, and under the Legal Aid Scheme which were cut in the wake of the financial crisis in 2008.
Criminal barristers argue that they have suffered a pay cut, in real terms, of more than 40 per cent in the last 20 years.
Mulholland law backed the strike on Tuesday and in a statement released to the Democrat called on the government to try to resolve the issues relating to criminal legal aid.
The statement said: “It is with profound regret and after careful consideration, we have made the difficult decision to withdraw services from all cases under the Criminal Legal Aid Scheme, on October 3, 2023.
“This decision, while not taken lightly, is a last resort protest against the Government’s persistent refusal to restore fair compensation for criminal defence practitioners.
“We believe it is only just that solicitors receive reasonable remuneration for their demanding work in the criminal courts.
“Our office has proactively engaged with the Department and the Justice Minister over several months, outlining the grave challenges posed by outdated legal aid fees, which have effectively been slashed by over 50% in real terms over the past two decades, in addition to the mounting operational costs and bureaucratic obstructions.
“We are committed to upholding justice and ensuring access to legal representation for all. This press release marks the beginning of our effort to shed light on this critical issue and seek a resolution that safeguards the legal profession’s integrity.”
In a letter sent to the minister for Justice the firm said that the right to legal aid assistance for accused persons to adequately defend themselves was a constitutional right that ensured the most vulnerable and marginalised can participate in their proceedings and have a fair hearing.
The letter continued:
“The absence of a proper legal aid system undermines the entire criminal justice system and more concerning it effectively breaches the Constitutional Rights of defendants.
“This is where generations of systematic neglect from successive governments have brought the Irish criminal justice system, being one of the most underfunded in the EU.
“The goodwill of practitioners to act pro bono and overextend themselves to accommodate the States apathetic attitude has truly come to an end – enough is enough.
The restoration of fees and a review of the criminal legal aid system is completely reasonable and just and would circumvent any industrial action.
“We will be standing in solidarity with our colleagues at the Bar whose demands are the most modest – fair pay.
“We feel this proposed action is proportionate in the circumstances and should be supported by all who cherish the rule of law.”
Asked to comment on the action, the Department of Justice said:
“The Minister recognises the important role played by barristers in undertaking criminal legal aid work and is engaged with discussions with the Minister for Public Expenditure on the issue of criminal legal aid fees as part of the budgetary process.”