Waterford District Court cases pushed out as Minister drives on with controversial flat fee
Tuesday’s list consisted of 218 matters, including violent offences, issues related to psychiatric reports, defendants in custody, and one young person.
Almost all cases before Waterford District Court on Tuesday were put back to autumn sittings due to industrial action by legal aid solicitors against the new flat fee.
Tuesday’s list consisted of 218 matters, including violent offences, issues related to psychiatric reports, defendants in custody, and one young person.
Two defendants were sent forward for trial to the current sittings of Waterford Circuit Court, following the serving of their books of evidence.
One matter due to be struck out on receipt of payment to the court's poor box was put back because the judge “did not want to cross the picket line”.
With the summer recess just four weeks away, the delays to these cases are expected to cause a massive backlog in the district court come September.
The industrial action is due to a Department of Justice change to how legal aid solicitors are to be paid.
The department has implemented a flat fee of €520 per defendant from Wednesday.
That is irrespective of how many times the case comes before the court.
The Dáil justice committee has called on the minister to retract the change and postpone any decision until clarification can be sought on the report and accusations he presented to the committee.
However, in a statement issued on Tuesday, the Law Society President Rosemarie Loftus said the minister wrote to them on Monday to inform them that the changes are pressing ahead on July 1.
“It is our understanding that solicitors from across the country are resigning from criminal legal aid panels. This will have a devastating impact on access to justice.
“The people who will pay the price are victims of crime, who will see trials delayed, as well as some of the most vulnerable in society.
“They are children in trouble for the first time. They are people struggling with addiction or serious mental health conditions. They are people who are homeless, victims of trafficking, and people in acute crisis,” said Ms Loftus.
Ms Loftus also noted that the minister had not included exceptions for vulnerable people or people whose cases are expected to be lengthy, and criticised the government’s failure to engage with their members.
“Solicitors are angry over the way this has been mishandled by the Department of Justice.
“It is entirely misleading to claim that there has been extensive and constructive engagement with the Law Society.
“The Law Society received an email from the Department of Justice in February and was invited to make a submission by March 20.
“This was the first time a flat fee was proposed. Later that same day, a press statement was published announcing the decision to introduce a flat fee.
“The Law Society's position is unchanged and clear: any reform of criminal legal aid should be workable, fair and evidence-based. This proposal is none of those things and the fundamental concerns the Law Society has outlined have not been addressed,” said Ms Loftus.
