O'Callaghan 'standing over' decision on legal aid fees

Justice Minister Jim O'Callaghan is standing firm on his decision to reduce legal aid fees for solicitors, despite a significant backlash from the legal profession. Almost 200 solicitors have threatened to resign from the criminal legal aid panel in response to the new payment scheme, which took effect on July 1.

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My own view having looked at a lot of data is that the payments system we have in place encourages adjournments.

The new system replaces the previous per-appearance fee with a flat €520 payment per client. Previously, solicitors received €239.38 for the first appearance and €59.86 for each subsequent hearing. O'Callaghan argues that the old system incentivized adjournments, a practice he believes is encouraged by payment structures.

"My own view having looked at a lot of data is that the payments system we have in place encourages adjournments," O'Callaghan stated at an informal meeting of EU justice ministers. "And I say that without being critical of solicitors profession or accused, but if it is the case you're going to get paid an extra fee if the case is adjourned, inevitably there's going to be not a desire but a practice."

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And I say that without being critical of solicitors profession or accused, but if it is the case you're going to get paid an extra fee if the case is adjourned, inevitably there's going to be not a desire but a practice.

He defended the changes, asserting that the data compiled by the Department of Justice supports his decision. "The data in that report is just unanswerable that something needs to be done in the district court," he said, adding that the new system includes an 8% pay increase on top of the flat fee, based on an average of five appearances per case.

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I am standing over it. This isn't a tactical decision, oh how's this going to play out.

O'Callaghan insisted the decision was not tactical but based on evidence, emphasizing that inaction would have been unacceptable. "When you look at the data and that's up on the [Department of Justice] website, had I got that report and decided actually you know what I won't do anything about that and that came out a year from now, every single one of you should be telling me to resign," he declared.

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When you look at the data and that's up on the [Department of Justice] website, had I got that report and decided actually you know what I won't do anything about that and that came out a year from now, every single one of you should be telling me to resign.