Members of Mayo legal profession to withdraw services over dispute
THE Mayo Solicitors Bar Association (MSBA) has called on the government to meet with its members and local solicitor bar associations, the Law Society and the Bar Council of Ireland try to resolve the issues relating to criminal legal aid.
A statement issued by the organisation outlined: The State has an obligation to ensure that those who cannot afford to pay their legal fees are provided with a solicitor and/or a barrister when facing criminal charges that are serious in nature.
"The State outsources this work to solicitors and barristers in private practice.
"Fees for criminal legal aid work were cut several times during the financial emergency more than a decade ago, and despite the increasing complexity of criminal legal work in that period, these rates have still not been reviewed - the only part of the public sector not to have pay cuts reinstated.
"The District Court Rates have increased and subsequently decreased as follows:-
2007 – 245.69 - day one legal aid fee in the District Court
2008 – 258.07 - day one legal aid fee in the District Court
2009 – 271.13 – day one legal aid fee in the District Court
2010 – 243.36 - day one legal aid fee in the District Court
2011 – 223.89 - day one legal aid fee in the District Court
2012 – 201.50 - day one legal aid fee in the District Court (this rate is still in force in 2023)
"The rates are 20 years old and do not represent the true cost of providing legal services to our clients.
"Demand for solicitors providing services to the State’s criminal legal aid system is increasing.
"However, many practitioners are choosing to leave the profession to work in other areas of law or to work for the State, because the remuneration provided in this area is not commensurate with the demands of the role.
"The lack of investment by government is creating an unviable criminal legal aid system with clear consequences for access to justice.
"‘Legal aid deserts’ are already emerging in some parts of the country where there may only be one solicitor available to take legal aid cases, or in some cases none at all. In this context, the case for restoration of criminal legal aid fees is irrefutable.
"We are now facing the prospect of our barrister colleagues withdrawing their services on October 3.
"The MSBA strongly supports this proposed action by our colleagues at the Bar.
"The MSBA believes in the rule of law and the effective and fair administration of justice.
"Solicitors who undertake work on behalf of the State in the defence of their clients have a critical role to play in the administration of justice and must be paid a fair rate for the work that they do.
"We call on the government to invest appropriately in the criminal legal aid system and to act urgently to prevent the withdrawal of legal services on October 3 next.