Call to boost legal aid fees to ensure ‘fair and fast’ trials

Millions should be channelled into barristers’ legal aid fees in order to guarantee fair and fast trials in the criminal justice system, according to the Irish Council for Civil Liberties (ICCL).

Publishing its pre-budget submission on Monday, the ICCL said about €3.3 million per year over three years was required to bolster legal representation, with barristers the only sector not to have had fee levels restored since public sector pay cuts.

“Accused people and victims have a right to a fair and speedy trial, however criminal legal aid barristers are still representing clients at levels from 20 years ago,” the submission noted.

It highlighted similar concerns around barrister pay in England which has prompted moves to strike.

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“A third of criminal barristers leave within their first seven years. This leads to a diminishing quality of representation as barristers are not gaining experience in criminal defence work.”

State expenditure

The ICCL submission has six key requests for investment at a total cost of about €8.6 million, or .01 per cent of State expenditure.

Other measures it seeks funding for include €2.55 million for the office of the Inspector of Places of Detention that would extend inspection remit beyond prisons to other areas including Garda stations; and an independent review of the Data Protection Commission to facilitate “a safer internet” at an estimated cost of €300,000.

It wants €1.3 million worth of additional resources for coroners; a new €500,000 digital system for appointing legal aid lawyers; and €450,000 for an education campaign on hate crime.

“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,” said ICCL director Liam Herrick.

“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.”