Defence lawyers protest at Criminal Courts of Justice

(Pictured above: Barristers at the Criminal Courts of Justice, Parkgate Street, stopped work briefly on Tuesday to highlight the low fee rates paid to barristers. PIC: Collins Courts)

Several junior and senior lawyers gathered outside the Criminal Courts of Justice on Tuesday morning to protest about the payment of defence lawyers in the District Court.

They also said that the current rate of pay for District Court appearances is ‘unsustainable.’

Pictured left to right: Seamus Clarke SC, Darren Lalor BL, Luigi Rea BL and William Morrin BL PIC: Collins Courts

One of the organizers of the protest, Darren Lalor BL, explained the negative effect the rates of pay are having on the legal profession.

“Many good lawyers are leaving the practice of law – or are moving from criminal law to other areas of practice, because they cannot afford to continue to do criminal defence work,” he said.

“Barristers who appear for an accused in the District Court usually get paid €25.20 for their work for that accused on that day.

“This is not sustainable”

The protest was supported by a number of senior barristers who do not practice in the District Court.

Luigi Rea BL said that according to a report of the Department of Justice in 2018, the State’s funding of legal aid per capita of the population in Ireland was €18.40.

This compared to England and Wales €38.14; and Northern Ireland €73.53.

“Fees at all levels of the criminal legal aid system have been anchored at the 2002 rates,” he said.

“Very substantial cuts in rates of payment have not been reversed despite the economic recovery.”

Mr Feargal Kavanagh SC, a senior barrister who practices in the higher courts said:

“There is a strong public interest 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 wrong doers and upholding the rights of victims.”

Mr Michael O’Higgins SC said:

“Lawyers working in the District Court are providing a very important public service: this includes holding the authorities to account and upholding human and civil rights.

“This is part of the work at all levels in the criminal justice system. It is essential that this work be funded properly at all levels.”

A number of detailed reports have been prepared and are being sent to the Minister for Justice.