The gradual retreat by Minister for Justice Jim O’Callaghan in the face of opposition to the new Criminal Legal Aid proposals may improve his understanding of the criminal justice system.The stated aim was greater efficiency. The Department of Justice introduced a new payment system for legally-aided District Court cases, based on the assumption that such cases involve more adjournments than cases without legal aid. From this, it appears to have concluded that defence solicitors prolonged cases to increase fees paid per appearance. No evidence has been offered that the department properly investigated the reasons for the disparity.Defence solicitors are effectively the only private-sector actors in the District Court. The judges, Courts Service, Gardaí, Director of Public Prosecutions, prisons and Probation Service are all State bodies. Solicitors interact with every part of the system and help keep it functioning.Most adjournment applications are made by State actors. Cutting solicitors’ fees will not speed up books of evidence, forensic reports, probation reports or the many other matters that cause delays. Those delays may be complex, but defence solicitors are not the source of them. Without solicitors’ co-operation, the system risks breaking down. If the Minister wishes to identify inefficiencies, he should consult those who understand its daily operation.The State also receives good value from Criminal Legal Aid. Although the total cost is substantial, much of that money returns through VAT, income tax, PRSI, employment and consumer spending. Solicitors’ firms are small businesses that must fund staff, premises, equipment and professional indemnity insurance.Criminal defence work is demanding, stressful and poorly rewarded compared with commercial practice. Significant fee income requires a very high volume of cases. Defence solicitors are frequently available around the clock, while the sector continues to lose experienced practitioners. A public defender system was previously examined and abandoned when it became clear it would cost the State considerably more.The legal system is relatively quiet during August. The Minister and his officials should use that opportunity to examine the facts and engage with practitioners. We all benefit from a functioning justice system. Solicitors play an essential part. It is now over to the Minister. – Yours, etc, Dara Robinson,Retired defence solicitor,Glenageary,Co Dublin.