Criminal legal aid is the glue that holds our justice system together – and the Minister seems determined to destroy it
The Justice Minister must release the report he is using as a pretext to take a sledgehammer to the criminal legal aid scheme, according to Social Democrats justice spokesperson Gary Gannon.
Deputy Gannon said:
“Criminal courts around the country are now mired in gridlock because of the Justice Minister’s botched plans to reform legal aid.
“The Minister’s determination to bulldoze through a flat fee, which risks making the criminal legal aid scheme unviable, has resulted in hundreds of criminal legal aid solicitors withdrawing their services.
“This means that not only can new cases not go ahead, but that those arrested and facing the prospect of serious charges may be unable to speak to a solicitor in Garda stations.
“An internal report, that the Minister has cited when trying to justify introducing a flat fee, has not yet been published. In fact, the Minister seems determined not to publish it.
“Despite this, I have received a copy of it – and it is clear why the Minister wants to keep it under wraps.
“There is no evidence in the report that multiple adjournments in cases are caused by solicitors. In fact, the report was unable to analyse the reasons that adjournments are granted because that information is not recorded by courts.
“However, anyone who attends a District Court will immediately see that the State is usually to blame for adjournments. These can happen when Gardaí are unable to attend court, books of evidence are not ready, or court lists are too long so cases are not reached.
“The report also notes that a ‘statement of means’, to test a defendant’s eligibility for legal aid, is not always filled in and handed into the court. But it is the responsibility of judges to request and sign off on these documents – so why isn’t an instruction being given to the judiciary to do that?
“Another anomaly in the report is that the flat fee it proposes is €582. However, the Minister has instead decided to introduce a lower fee of €455 – without telling anyone how he arrived at this figure.
“Criminal legal aid is the glue that holds our justice system together – and the Minister seems determined to destroy it.
“The Minister has made a mess of this whole process and now needs to come clean.
“He should publish the report he has repeatedly cited, explain how on earth it supports what he is doing and reveal whether any other internal analysis or reviews have been conducted that support his plans.”