CRIMINAL prosecutions across the courts of West Cork have ground to a halt over a pay dispute between the Law Society of Ireland and the Department of Justice.
Solicitors in courts at both Bandon and Skibbereen this week told Judge Joanne Carroll that they were withdrawing their services in court over an ongoing dispute over plans by the Department of Justice to introduce a flat fee system from July 1st for criminal legal aid work.
Speaking to The Southern Star, Myra Dinneen, president of the West Cork Bar Association, said there has been no active engagement from the Department of Justice on this issue.
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‘It is only as a last resort that we as District Court practitioners in West Cork are taking this course of action. The Department of Justice is imposing a revised payment scheme on us with little or no consultation,’ said Ms Dinneen.
‘Each and every district court practitioner genuinely by the nature of the work itself have their clients interest and well-being first and foremost in their mind to ensure that they get the representation that they deserve.’
‘We are all looking for the reform of criminal legal aid system but a meaningful discussion has to take place too before they go ahead with this.
She pointed out that the Law Society of Ireland has been proactively engaging with the Department of Justice over the past two years about bringing meaningful reform to the criminal legal aid system.
The Law Society of Ireland said the Department is imposing this plan without prior consultation on these proposals and the introduction of a flat fee could lead to an exodus of solicitor working under in this area, as it has done in family law.
‘There was no consultation with the practitioners on the ground and it’s very unfair of the people who have to attend court,’ added Ms Dinneen.
The proposed flat fee payments system of €455 will apply to criminal legal aid certificates granted in the district court and under this payment structure, one legal aid certificate will issue to a solicitor in respect of all charges listed against a defendant in the same court, on the same day.
According to the Department of Justice, solicitors will no longer be paid a reduced fee for representing defendants on the same day.
‘A separate, full flat fee will be paid to solicitors in respect of each defendant they represent, even if these defendants appear as co-accused on the same day.’
With no resolution in sight it is expected that all criminal cases will be adjourned across District No 18 which takes in Bandon, Bantry, Clonakilty, Skibbereen and Macroom courts until further notice.

