Law Society president says free legal aid under threat

THE PRESIDENT of the Law Society of Ireland (LSI) has warned that vital legal representation for the most vulnerable is at risk...

THE PRESIDENT of the Law Society of Ireland (LSI) has warned that vital legal representation for the most vulnerable is at risk under new payment measures being proposed by Government.

Speaking to the Limerick Post at the recent Justice Media Awards, LSI president Rosemarie Loftus said that the whole free legal aid system could collapse in the face of fee reform, which legal representatives say is completely inadequate and unworkable.

The LSI president said the new proposals are “a cost measure for the Government, but it’s not taken into account of the realities on the ground where justice won’t be served”.

She warned that a flat fee of €455 for each case, regardless of how long that case goes on, how many court appearances and consultations are needed, and how much work is involved is impossible to work with.

“There’ll be an inability to perform the access to justice module that we know and know that works well in reality,” Ms Loftus said.

“The most vulnerable in society won’t have representation, because 70 per cent of our profession who practice in the area are saying it won’t be financially viable.

“Criminal legal aid exists to support people who are often in very vulnerable situations, including children coming before the courts for the first time, individuals dealing with addiction or mental health difficulties, and people facing homelessness, language barriers, or acute personal crises. We want to ensure that the system continues to work effectively for those who rely on it most”.

President Loftus said “our objective is to arrive at a model that delivers a fair, efficient, and sustainable criminal legal aid system – one that works in practice and, most importantly, works well for those who depend on it.”

“There is an inability of Government to understand what we actually do within the justice system for our most vulnerable than the persons who find themselves (in court), not necessarily of their own volition because of mental health issues or possibly drug addiction, and they need to be helped”.

She said the Irish justice system is “all about restorative and reformative justice, so if they’re on probation for two years, we have to manage and oversee that case for two years” for the same flat fee.

The LSI president pointed out that legal representatives working in the legal aid system took a cut in 2008 as part of the Financial Emergency Measures in the Public Interest (FEMPI) and this has yet to be fully restored.

“We were assured with the program for government that our rates would be effectively restored. What now has been proposed is actually a cost to undermine what has already been cut,” she said.

Legal practitioners are also angry that the impression is being given that long drawn out cases are the fault of those who represent the clients.

“The suggestion is that the delays in the system are at the hands of the lawyers. In reality, we’ve been calling for reform for over 15 years and, if anything, the delays are not at our hands, they’re at the hands of the whole system,” Ms Loftus said.

“We were all happy to work towards that, but we cannot do it without cohesive consultation and collaboration, and if anything, we basically were told. It was announced, there was no collaboration, there was no consultation. We are still hoping for meaningful engagement with the Department of Justice to work through what are very significant concerns”.