Defence lawyers protest at Criminal Courts of Justice

Another protest about rates of payment for legal aid in criminal cases took place this morning at courthouses around the country.

In what was a second demonstration in as many months, junior and senior lawyers gathered outside courthouses including the Criminal Courts of Justice, to demand action on what they say is “pitiful” payment rates to defence lawyers in the District Court; and to call for increases in rates of pay in the criminal legal aid scheme.

Senior barristers and the organisers of the protest say they wrote to the Presidents of all Courts as a courtesy, to explain that many lawyers would not be available in court for 20 minutes from 10:30am.

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

Darren Lalor BL, one of the organisers of the protest, said:

“There is a real danger that good people are put off doing criminal defence work because they do not have their own independent resources to fund them through years of earning next to nothing.

“It is not in the public interest that good lawyers are effectively pushed out of criminal defence work due to low rates of pay.”

In the letter to the President of each Court, which was co-signed by former Chairman of the Bar Council Mícheál P. O’Higgins SC, the rates of pay in the District Court were described as “uneconomic and unsustainable”: €25.20 for a remand, €50.40 for a plea in mitigation at a sentence hearing and €67.50 for a full hearing of a contested trial.

The letter said that the “pitiful” rates were damaging the administration of justice.

Luigi Rea BL reiterated 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.

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

Ms. Eileen O’Leary SC, a senior barrister who practices in the higher courts said:

“Everyone in our society benefits from a properly funded criminal defence service.

“A properly functioning criminal legal aid system vindicates the rights of victims, and treats the accused fairly.

“Damaging the administration of justice is bad for victims and the whole of society.”

Ms. Sinéad McMullan BL said “Lawyers in the District Court are on the front line working to ensure that the authorities do not breach human and civil rights.

“This is part of the work in all the criminal courts.

“It is essential that this work be funded properly.”