Longford solicitor: Taoiseach being ‘unreasonable’

A well-known local solicitor has accused Taoiseach Micheál Martin and Justice Minister Jim O'Callaghan of being unreasonable based on what he believes is their unwillingness to consider mediation.

Hundreds of cases scheduled for Longford Courthouse have been delayed and adjourned since actions began with partial withdrawals in mid-June and the dispute escalated into a full withdrawal of services during July and August and into September.

John Anderson, who is a member of the Law Society's Criminal Law Committee and is a regular in Longford District Court, said recently he has concerns if the dispute continued into October there may be backlogs for years.

Mr Anderson of George Lynch and Son Solicitors, said he was taken aback by the Government response.

"We have heard it directly from the Taoiseach Micheál Martin who has said that they will not engage with the mediator, and that is what he has come out with, which is hugely surprising.”

"It's a very reasonable request, and mediation, by its very nature, only works where both parties agree.”

"It's not a direction that somebody is going to come in and say, the mediator's going to come in and say that this has to be done, and it just shows his unreasonableness, that he's not in a position to turn around and actually engage."

A €520 flat rate for criminal legal aid in the District Court was implemented on July 1 by Minister for Justice Jim O'Callaghan.

It replaced the old model where solicitors were paid per court appearance (€239.38 for the first and €59.86 for subsequent sittings

Mr Anderson said there are a small number of ‘private cases’ going ahead and since last Tuesday, September 8 in Longford.

"We had a meeting actually between all relevant practitioners that are doing this type of work in Athlone, Mullingar and Longford last Tuesday morning and we have all continued doing the same (the full withdrawal of service).”

"We have been extremely fortunate in District Number nine, which is Westmeath, Longford, that no solicitor has come back to work under the new legal aid scheme and it is the same in Donegal, Sligo, Leitrim and Roscommon.”

"It's obviously up to every individual, but every individual has agreed that we are not going to do legal aid.”

"Unfortunately, that is not the position that has been adopted in the south of the country."

Mr Anderson said there are about five or six district courts that are 'actually back operational, which is disappointing' as in county Longford and most areas there is a united front among legal representatives.

He stated seven solicitors are usually on the Legal Aid Board in Cork City and four of them have returned.

"It's caused quite a lot of tension down there.”

"Naas, Carlow, Kilkenny, Clare, is fully back. Offaly, in fairness, there has been a few practitioners that have remained out."

Mr Anderson said the legal representatives have a good relationship with the court staff, judges and An Garda Síochána.

"We get on very well with the court staff and we get on very well with the guards to the degree that we can.”

"We have a good working relationship with the court and the judges is the most important thing and we are blessed that we have as good a system as we have, it's a very efficient system when it's operational."

Mr Anderson said a large meeting of legal practitioners is due to take place in Dublin on Thursday, September 17 where they will discuss the ongoing action.

"It's like every strike, there's always going to be hurt and harm, but it's one of those situations that we find ourselves in.”

"There has been definitely no indication from the minister that he's going to relinquish.”

"He's holding out, and [maybe] this was his plan, that the country would crack effectively, and there'd be splinters, and some people would go back.”