Longford solicitors pleased by full return to work after legal aid deal finally is agreed
Justice Minister Jim O’Callaghan and the Law Society of Ireland reached an agreement on a new Criminal Legal Aid Scheme in the District Court at 4pm on Tuesday.
Solicitors in Longford are very pleased to be back working and representing clients under a new system after the lengthy legal aid dispute that lasted for almost five months was finally resolved, according to a local practitioner.
Justice Minister Jim O’Callaghan and the Law Society of Ireland reached agreement on the operation of the new Criminal Legal Aid Scheme in the District Court at 4pm on Tuesday.
There had been positive engagement for several days prior to the deal being struck with only some minor issues outstanding by Tuesday and Longford District Court operated as normal for the first time since June as a result.
The agreement was reached after extensive talks between the parties and resolves the dispute in relation to payments surrounding elongated cases and separate and distinct cases brought on the same day.
The District Court flat fee payment of €520 remains and that covers representing an accused person from the beginning to the end of a single District Court case.
There has been some changes and an enhanced rate of €780 will apply when a defendant faces charges across two separate and distinct criminal incidents such as a different offence at a different location on the same day.
The maximum standard tier of €1,040 will apply when an accused person faces charges across three or more separate and distinct cases.
Solicitor John Anderson of George Lynch & Son Solicitors said, "It is great to be working as normally and we are all very pleased.
"We don't have a full mechanism of the new system, but to be fair, it seems to be a very good system that they are bringing in,” he added.
Mr Anderson, a regular practitioner in Longford District Court, said he believes that effectively the agreement has come in very close to the system that Minister O'Callaghan wanted to introduce with a few adjustments.
"He took the stance, and I don't think I'm misquoting him in this regard, that at the outset of this that it was being brought in and that was it."
Mr Anderson said he believes that Minister O'Callaghan believed that the Law Society did not want a flat fee model coming in, but he insisted that was not true.
"It was that what we didn't want was a flat fee model that would not work.
"And what effectively was left on the table or what was the big sticking points were that if a client was brought in on multiple charges."
Mr Anderson, who referred to an example said if a defendant was up in court on multiple charges 'relating to the same incident, but for a different date or for a different event'.
He added, "We felt it was unfair that if they were charged on the one day that we would be getting the one fee for maybe dealing with, let's say, a theft matter, a public order matter and maybe a road traffic matter or something like that and three separate and distinct cases.
"So what I understand, I know the legislation and the wording of it is being done at the moment but it just hasn't come through yet, but my understanding from the talks on Tuesday and what has been agreed in principle is that a judge can now give up to three certificates."