Tipperary barristers picket courthouse in dispute over restoration of legal aid fees

Tipperary criminal barristers were joined by their solicitor colleagues on the steps of Nenagh Courthouse this Tuesday morning as part of their one-day strike in a bid to have their legal aid fees returned to pre-austerity levels.

The opening session of Nenagh Circuit Criminal Court, which was due to begin on Tuesday, was expected to adjourned to this Wednesday.

The barristers withdrawing their services for a day say no progress has been made in their efforts to get pay cuts imposed after the financial crash restored.

In a statement, the Tipperary Solicitors' Bar Association, which represents solicitors, pointed out that, since 1962 the law has required the State to ensure that those who cannot afford to pay their legal fees are provided with a solicitor and/or a barrister when facing serious criminal charges.

Unlike other countries where this service is provided by state financed public defenders, in Ireland the State outsources its legal obligation to solicitors and barristers in private practice. 

"The benefit for the State is an inexpensive system that represents value for public money. The level of payment for legal aid has always been a modest amount.

"To compound matters, the rates of pay were drastically cut, twice in 2009 and 2011, and never restored. The legal aid rates now paid are less than what they were more than two decades ago.

"Therefore, it is no longer economically viable for legal practitioners to participate in the legal aid scheme.

"This in turn means that there is now a real danger of accused parties going without representation. If we are committed to the rule of law, we cannot allow this to happen," they said.

They said that the Law Society and other solicitors associations had sought to engage with the Minister for Justice to resolve this matter over many years, and while we were aware that the Minister was  in support of fee restoration, nothing had happened.