A petition seeking a reversal of cuts to criminal legal aid, signed by 88 senior counsel and 182 junior counsel, has been sent to Minister for Justice Helen McEntee.
Rates paid to barristers under the criminal legal aid scheme in the District Court are “uneconomic, unsustainable” and driving many to abandon practice in criminal law, the petition states.
The current rates of pay for barristers undertaking District Court defence work are €25.20 for a remand, €50.40 for a plea in mitigation and €67.50 for a full trial hearing.
“These fees are truly pitiful. No profession can accept these low rates for such critical work. No citizen of any European member state accused of a criminal offence could be expected to have confidence in a service given for such low remuneration,” the petition states.
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The petition was handed to the Minister’s office by barrister Darren Lalor on Friday on behalf of a total of 270 practising barristers.
The petition states that the rule of law and administration of justice benefit from people of all ages and backgrounds becoming barristers and working in criminal law.
“Now it is evident that only those with independent resources can survive in the profession. This is enormously damaging to the profession and to society. The fact that only well-resourced barristers can survive must have a corrosive effect on society in any democracy. The State by its inaction condones this undesirable development,” the petition states.
According to a report compiled for the Department of Justice in 2018, the State’s funding for legal aid per capita of the population in Ireland was €18.40. The petition notes that this compares with €38.14 for England and Wales and €73.53 for Northern Ireland.
The petition states that no professional fee of €25.20 can be compliant with rule-of-law requirements in any “properly funded criminal legal aid system in a European Union member state”.
“The current rates can only bring with them reputational damage to the Irish State,” it adds.
It further notes that the current payment rates were those last payable in 2002 and follow cuts imposed in the years up to 2011, following the banking crisis and recession.
“The criminal free legal aid budget did not cause that crisis but is treated as if it did. The immediate and full unwinding of those cuts is essential and long overdue,” it adds.
A spokeswoman for the Department of Justice confirmed that the petition had been received and that its contents would be examined and considered.
She said the reversal of Fempi — Financial Emergency Measures in the Public Interest — cuts to criminal legal aid fees was being considered by the Department of Public Expenditure and Reform in the context of wider public pay policy and expenditure implications.
“The Department of Justice has been actively engaging with all relevant stakeholders, including the Department of Public Expenditure and Reform on this matter,” the spokeswoman added.
