The standoff between Minister for Justice Jim O’Callaghan and solicitors over reforms to the criminal legal aid system has dragged through another week with no sign of either side blinking. Allies of O’Callaghan said he was all-in on the dispute, which centres around a move to single payment for court work rather than on a per-appearance basis. Solicitors have continued to decline work under the scheme. A smaller number have resigned from the panel from which legal aid is drawn entirely. The impact in the courts – and politically – is becoming clear. In the Dáil, Social Democrats TD Holly Cairns said O’Callaghan – who was in New York for a UN policing conference this week – was presiding over a “disaster”, saying that 10 rape cases had to be adjourned on Monday. The political temperature is slowly climbing. Privately, as well as publicly, TDs and Ministers from O’Callaghan’s Fianna Fáil party are largely backing their man.“He has picked a fight with a group that most have little sympathy for,” one Cabinet source said. Another senior minister argued the growth in expenditure in the scheme allied with a Department of Justice report which suggested sharp practice by some solicitors provided a strong basis for action. [ Solicitors defending alleged brothel-keeper get €14,000 in legal aid in single sitting, review finds ]“That’s the type of thing we should be doing,” the minister said.The solicitors, in response, have been scathing of this report. Others in the ranks of O’Callaghan’s party are more circumspect: while there may be little love for solicitors, the functioning of the courts and Garda investigations, and the impact on victims of crime and the accused, is a trickier matter. [ High Court challenge to new legal aid model set for this month ]The impact on legal services would grow, another senior minister predicted, forecasting that it could be a “big issue for everyone” in September. Another Fianna Fáil Cabinet minister supportive of O’Callaghan conceded that it was getting “trickier” politically. O’Callaghan only has a few weeks before the end of the legal term, with the possibility of some compromise being reached over the August break. But with both sides so entrenched, political observers are wondering where this might emerge. “I genuinely do not know how this is going to go; it’s fascinating,” a Fianna Fáil backbencher said. Others in Fianna Fáil’s Coalition partner, Fine Gael, are more wary. One TD bemoaned that it has ended up in a “Mexican standoff” rather than being defused in the run-in. “Was it really necessary to play such hardball on this issue?,” the TD asked.The row has led to a battle on the Dáil Justice Committee, with Fianna Fáil members targeting the Sinn Féin chairman Matt Carthy over a claim that he wrote to O’Callaghan seeking a delay to the new regime with “unanimous” support from members. At a private meeting this week, Fianna Fáil Senator Anne Rabbitte tackled Carthy, who defended his position. It has also been widely remarked upon that Fine Gael TD Paula Butterly, a barrister, was directly and strongly critical of O’Callaghan, and suggested sending the letter in the first place. Some in Fianna Fáil see Fine Gael as “agitating” on the row. A Fine Gael minister said O’Callaghan has put himself squarely at the centre of the dispute, judging it as a “political gamble, even if he’s trying to do the right thing”. As ever, the debate over the future leadership of Fianna Fáil is not far away, with potential damage to O’Callaghan from a climbdown or a protracted row. Taoiseach Micheál Martin, it has been observed by some within the Government parties, is taking something of a back seat for now. Most in Leinster House predict some sort of fudge to resolve the issue over the summer. But if neither side backs down from their position, that won’t be possible and the consequences will be impossible to ignore. Absent a detente, there will be plenty of blame to go around – and all parties might find that voters are perfectly capable of assigning that among lawyers and politicians.
Does Jim O’Callaghan’s reform of solicitors’ legal aid fees have support within Government?
Minister for Justice has faced backlash from legal profession, with lawyers refusing work and cases adjourned







