A WAR of words has broken out between Justice Minister Jim O’Callaghan and solicitors after he claimed solicitors had deliberately targeted rape cases in their dispute over legal aid payments.

One solicitor described the claims as “false and misleading” and said the allegation was beneath the dignity of Minister O’Callaghan’s office.

The dispute deepened earlier this week when solicitors around the country, including Cork, withdrew all their services from courts on Monday. This included cases of rape listed in the Central Criminal Court, as well as those at circuit court and district court level.

The majority of solicitors working in criminal legal aid have been in dispute with the Department of Justice since a new €520 flat-fee payment for legal aid cases was introduced in July.

Last week the Law Society and the Irish Council for Civil Liberties (ICCL) both urged the Minister for Justice to help resolve the ongoing dispute over criminal legal aid.

The Law Society said in a statement the issue should be resolved “without any further delay” and again urged Minister O’Callaghan and officials to meet directly.

It has repeatedly sought discussions, saying its goal is “to secure an effective and sustainable criminal legal aid system that protects access to justice and commands the confidence of those who use it”.

In the meantime, the ICCL has focused on the impact on people caught up in the criminal courts. It says legal aid is essential to the right to a fair trial and argues that major changes to the scheme should have followed thorough consultation and an evidence-based process. In its view, the Minister’s approach was fundamentally flawed.

The organisation also disputes the minister’s suggestion that the reasons for adjournments are “largely academic”, noting that delays can stem from state bodies, including the DPP’s office and An Garda Síochána, as well as difficulties securing state-provided assessments or supports.

ICCL Executive Director Joe O’Brien warned that “many courts are at a standstill” and that vulnerable people are bearing some of the worst effects. He said the system was not working, rights were at risk and the backlog was growing. Those affected include people held in detention, defendants facing serious charges without legal advice and people who are victims of crime, waiting for cases to progress.

Funded by the Courts Reporting Scheme.