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AN IRISH CIVIL liberties group has called on Government to provide €3.3m to restore legal aid fees for barristers.
In their pre-budget submission the Irish Council for Civil Liberties (ICCL) said that the Government should invest €8.6 million – that would equate to a 0.01% increase in the sector’s budget.
A recent campaign has seen barristers protest outside courts in a campaign for greater pay.
The junior and senior lawyers said that the current rate of pay for District Court appearances is unsustainable in March of this year.
Barrister Darren Lalor, who was one of the organisers of the protest said that the pay situation is at a point where many of his colleagues are leaving the profession.
Ireland is not the only country with industrial relations concerns amongst lawyers, with the UK seeing barristers take strike action to increase fees.
Lalor welcomed the recommendation: “The rights of victims of crime and those accused of crime can only be vindicated if legal representation for each is properly funded.
“Anything less is a breach of the Rule of Law. The current situation in Courts in England and Wales spells out the consequences if the funding issue is not resolved.
“Rates of pay fixed in 2002 cannot be compliant with Rule of Law requirements.”
ICCL Director Liam Herrick said their proposal was a “modest investment” in human rights.
“In many cases, our requests will actually save the public money in the long term as investment now will prevent expensive investigations and legal cases in the future.
“The government has a duty to protect human rights. These rights aren’t abstract and require spending to ensure that they are protected and realised,” he said.
The UCCL proposes that six areas would see investment – this includes the coroners’ system they said “would provide compassion and justice for the bereaved” at a cost of €1.3m.
They have also recommended a similar digital system to one in Belgium which would “ensure the right to a legal defence” which would cost €500,000.
ICCL called for €450,000 to be spent on an education campaign to protect people who are victims of hate crime.
The group has also recommended for €300,000 external review of the Data Protection Commission and also more resources for the new office of the Inspector of Places of Detention which would cost €2.55m.
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So if I need a barrister I get charged €250 to €300 an hour, therefor I take it that’s what they charge the state for free legal aid. Which of course isn’t free at all, because the rest of society pay that bill.
I have yet to see a poor law practioner in Ireland, unless my understanding of just making ends meet is different than most.
@Frank Koek: As a small business owner I’ve often been targeted by break ins, shoplifting and general thuggery and the few that actually get caught for their crimes and brought to court they had top class barristers representing them while we had the arresting officer fighting our case. Fair enough to allow state paid barristers for very certain circumstances but repeat petty criminals don’t deserve to have such elite services for free, which is what I’ve seen.
@Frank Koek: the ignorance and the presumptiveness attitude your statement reveals about you is really something to be hold, and not only that, you’ve done it so boldly on a public forum.”So if I need a barrister I get charged €250 to €300 an hour, therefor I take it that’s what they charge the state for free legal aid” PLAIN. WRONG.
@Adam McCarthy: enlighten us
@Tom Mc Bride: the appendix here sets them out https://www.justice.ie/en/JELR/Procedures_governing_the_payment_of_Criminal_Legal_Aid_Fees_October_2017.pdf/Files/Procedures_governing_the_payment_of_Criminal_Legal_Aid_Fees_October_2017.pdf – not too bad if you have a few clients. The higher the court, the more complex the legal arguments I guess.
@Frank Koek: A barrister in the District Court gets €25 per case, €50 if it’s a hearing. They could be sitting in Court all day for €25/€50. Not €300 as you say. I would suggest that anyone who opposes an increase in legal aid payments should educate themselves.
The Troika said that legal fees should be reduced but guess why it never happened.
If they don’t like the pay rates they can decline the work and go elsewhere to get other work .. no one forcing them to take legal aid cases …
@Bri Lyons: And who will represent the poor in court then?
“The government has a duty to protect human rights.”
On evidence, this statement is questionable. However, actions speak louder than words. So it’s worth repeating the above statement a few times over, in your head.
Free legal aid is one very contentious topic .Maybe I have an overly simplistic view of it but I think it means that if someone breaks into my elderly parents’ house frightening them half to death and.cleaning them out I will end up paying for their freenlegal aid out of taxes I am forced to pay and can ill afford .Of course we are subject to the.European court of human rights as well which was one of the reasons Britain pulled out .But that’s a whole other issue
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