Judge warns solicitor dispute is crisis ’akin to Covid era’ - Courts News Ireland

A circuit court judge in Co Mayo has described the ongoing dispute between the Minister for Justice and solicitors over the new free legal aid structure as a crisis “akin to the Covid era”. Speaking on the first day of the legal term at Castlebar Circuit Court before solicitors staged a walkout, Judge Eoin Garavan urged both sides to engage in

A circuit court judge in Co Mayo has described the ongoing dispute between the Minister for Justice and solicitors over the new free legal aid structure as a crisis “akin to the Covid era”.

Speaking on the first day of the legal term at Castlebar Circuit Court before solicitors staged a walkout, Judge Eoin Garavan urged both sides to engage in “meaningful dialogue” in a bid to resolve the row.

The court heard that there is currently a backlog of 181 circuit court cases waiting to be heard in Mayo, including trials, sentences, hearings and pleas.

“Justice is now delayed and denied,” said Judge Garavan, warning that whenever the next list proceeds, it will be “potentially overwhelming” for the courts.

The controversial legal aid scheme introduced on July 1 replaces the older system of solicitors being paid per appearance in court with a new single €520 flat-fee payment model.

Since then, criminal defence solicitors across the country have carried out a near-blanket withdrawal of legal aid services, leading to thousands of criminal cases being adjourned.

“There are people walking free when they should be serving sentences; there are people in custody or on remand who are awaiting sentence or hearing and this is putting strain on them,” said Judge Garavan.

“More importantly, the alleged victims who cannot have an opportunity to give evidence and cannot put the matter behind them – their patience will be exhausted. Their co-operation with the legal system may well suffer as a result of this impasse.”

“This is a crisis, it’s critical; akin to the Covid crisis, but at least in Covid the rates of crime were reduced,” added the judge.

President of the Mayo Solicitors’ Bar Association, Gary Mulchrone, confirmed to the court that every solicitor in Mayo has resigned from the Legal Aid Panel and that the dispute was having “enormous impact”.

Mr Mulchrone said the Law Society of Ireland has given a 37-page document to Minister for Justice Jim O’Callaghan outlining the problems with the new legal aid structure.

“We are told that the courts are operating effectively but we know all too well the impact on defendants, witnesses, complainants and everyone working in the court system who is feeling the pain of this dispute, yet it is being downplayed,” said Mr Mulchrone.

“Behind each case are multiple impacted parties. The local press is impacted. So many people are needlessly discommoded – local jobs, local people, yet there is no recognition of this,” he added.

“The answer lies squarely at the feet of one person who could end the dispute today,” he concluded.

Barrister Diarmuid Connolly endorsed the solicitors’ position and said it was clear that they have expended substantial efforts to try and resolve the crisis.

He said there were innocent people “waiting for their day in court” and juries losing days of work being sent home with nothing to do. “To say that legal business has not been incommoded is just not correct,” added Mr Connolly.

Mr Connolly urged Minister O’Callaghan to “do the right thing” and sit down and engage with solicitors to resolve the dispute.