Defence lawyers protest 'pitiful rates of pay' at Dundalk Courthouse today

Junior and senior lawyers gathered outside courthouses around the country today, including at Dundalk Courthouse, to protest against what they describe as the "pitiful rates of pay" paid to defence lawyers practicing in the District Court under the criminal legal aid scheme. 

Barristers practicing in the District Court are paid €25.20 for a remand hearing, €50.40 for a plea in mitigation at a sentence hearing and €67.50 for a full trial hearing.

Gerard Kennedy BL, was among those at the protest in Dundalk Courthouse today. Mr Kennedy told the Dundalk Democrat, "when I do work in the District Court there are many days where I earn as little as €25.20 only.

"My total earnings are little more than social welfare would provide on Jobseeker’s Benefit. It costs approximately €10,000 to operate a practice."

One of the organizers of the protest, Darren Lalor BL said in a statement today, “I believe that it is good for the administration of justice to have people from different backgrounds working as barristers in the criminal justice system."

Mr Lalor added, "it is bad for the  administration of justice to create an environment where only people with independent resources can survive in the profession. It is time to shout stop! We must never sit back and become the face of failure - Stand up and be the face for change.” 

Mr William Morrin BL very recently left the Law Library and now refuses to accept briefs under the criminal legal aid scheme. Mr Morrin commented, “I value the time and effort I have made to become a practicing barrister, but it appears  no one else does.

"The sad realisation that I was only filling in the gaps of a dysfunctional  system is a bitter pill to swallow. Like many, I was propping up the criminal legal aid scheme until more newly qualified barristers came in and took my place and the places  of many who have struggled before.”

Ms Aine Holt BL was called to the Bar in 2022 and is nearing the end of her pupillage. Ms Holt commented that “it is unjust that cuts made to Criminal Legal Aid pay rates as a result of the financial  crisis long ago remain in force and were not unwound in line with common practice. 

"These cuts affect newly qualified barristers who cannot afford to stay in a system that  fails to remunerate. The criminal justice system is skewed in favour of those with  independent finances. It is unjust that a system of justice perpetuates injustice.” 

The protest titled “A Celebration of Failure” was supported by a number of senior barristers who do not practice in the District Court. 

Criminal defence practitioner, Mr Luigi Rea BL, said “prosecution and legal aid defence fees are anchored to 2002 rates. Cuts made long  ago have not been unwound despite economic recovery for some, alongside roaring  and corrosive inflation for all.

"How can it be that a DOPEAR (Department of Public Expenditure and Reform) unit overruled two previous Ministers for Justice as to what fees should be paid to lawyers in serious  criminal trials affecting victims and those wrongly accused.”

Mr Feargal Kavanagh SC practices in the higher courts. In comments from Mr Kavanagh, he said, “There is a strong public interest to be served in a properly funded criminal defence  system.

"The criminal legal aid system is not just about representing those who cannot  afford to pay – it is about ensuring a fair, reliable, and effective system as required by law for identifying wrongdoers and upholding the rights of victims. The State is obliged  to provide 'effective' legal aid to all those who qualify."

Mr Kavanagh added, "the present rate of fees under  the scheme were set in 2002 or thereabouts. To expect that the absence of any increase  in rates since would not result in the undermining of the operation of the criminal law  system is at best ignorant. A full review of the scheme is long overdue.

"Talented young  barristers are being forced to leave the practice of criminal law as it is no longer a  financially viable career path. In my view it is well past the time for barristers  practicing criminal law to individually demonstrate that the scheme cannot operate  without them and that without it the operation of the criminal courts is impossible."