‘Legal aid desert’ in Tipperary

The Tipperary Solicitors Bar Association have confirmed that 33 out of 34 criminal legal aid solicitors resigned from the Criminal Legal Aid panel this week.

Solicitors decided to resign from the panel because they say a new payment model introduced by the Department of Justice is unworkable.

Just one criminal defence solicitor now remains on the Criminal Legal Aid panel in Tipperary after the 33 resignations, meaning the county has effectively become a “criminal legal aid desert”.

In a statement, the TSBA said: “What the department has introduced is a cost-cutting exercise that will have a profoundly negative impact on access to justice. Solicitors want to see an efficient and sustainable Criminal Legal Aid system that is accessible to all who need it. We are not going to be complicit by working in a system we know will fail the very people it is meant to protect.

VULNERABLE WILL SUFFER

“The devastating impact of the new model imposed will be felt most by some of the most vulnerable in society. They are children in trouble for the first time. They are people struggling with addiction or serious mental health conditions. They are people who are homeless, victims of trafficking, people who are non-English speaking, and people in acute crisis. Not only that, the lack of access to legal representation will do little more than turn Tipperary into a legal desert.”

The Law Society has highlighted several concerns about the new Criminal Legal Aid model. No provision was made for particularly vulnerable groups, or categories of cases where the length of proceedings is known to be longer. This includes cases involving children, where the court exercises a more supervisory, rehabilitative type role.

It also includes cases involving people with mental health or capacity issues, where fitness to plead issues can arise. These cases almost always require additional time, additional appearances and patient, repeated engagement with a solicitor - none of which is factored into the new model.

MEETING WITH MINISTER

Meetings and negotiations have taken place with officials of the Department of Justice for several months, without the main issues being addressed. Finally, on Monday of this week, the Minister for Justice, Jim O’Callaghan, met directly with the Law Society.

The TSBA said: “We welcome this development and hope there is genuine engagement and that the minister listens to our legitimate and reasonable concerns. The Law Society addressed the relevant issues and proposed some solutions.

“The Law Society made it clear that the legal profession has been calling for reform of the Criminal Legal Aid scheme for years and that while it may suit certain agendas to paint the profession as anti-reform, this is patently untrue. The Law Society informed the Minister that a workable practical model was required for all stakeholders and that it was necessary to avoid the mistakes that were made in the area of family law, where a similar model was introduced and failed.

“The TSBA welcomes the engagement with the minister and hopes some progress can be made. The TSBA states, however, that our position is clear: any reform of criminal legal aid should be workable, fair and evidence based.”