City solicitors have Free Legal Aid fees slashed

The Free Legal Aid rate paid to solicitors by the State to represent an accused person in court in Galway has been slashed in recent years, a city meeting heard this week.

The ‘going rate’ for solicitors who represent clients on Free Legal Aid has been cut to €200 for the first day in the District Court and €50 every subsequent day the same case is before the courts. That has been cut from €260 initially and €75 per subsequent day that was paid out three years ago.

A cap has also been put on the number of cases per day that are paid at the full going rate.

The first and second cases of Free Legal Aid are paid at the normal rate but subsequent cases on the same day are paid half that – €100 if it’s the first day of the case and €25 if it is a subsequent day.

The pay-rates for Free Legal Aid solicitors in Galway was revealed at the latest meeting of the County Galway Joint Policing Committee at County Hall.

Local solicitor, John Martin, outlined the figures in a presentation to JPC members about Free Legal Aid. He said the total bill for Free Legal Aid in Ireland had been cut by €10 million over three years and now stood at about €50 million per annum.

In the past, JPC members have slammed the system of Free Legal Aid – some claimed that repeat offenders should have this ‘perk’ revoked.

The JPC also in the past claimed that the State should ‘dip into’ Dole money or wages of recidivists on Free Legal Aid so that they pay some of their legal fees.

Mr Martin explained that the right to counsel was enshrined in the constitution. People were entitled to Free Legal Aid if they did not have the means to pay for their own legal representation; and if the case was serious enough to warrant a custodial sentence should you be found guilty. He said a judge can refuse legal aid and Gardaí can object to a legal aid application if they believe the accused has means that haven’t been declared.

Independent Galway West TD Noel Grealish told the meeting that it was very frustrating for prosecuting Gardaí to see accused people abusing the Free Legal Aid system. He said repeat offenders should not be given Free Legal Aid.

Sinn Féin Senator Trevor Ó Clochartaigh said he would defend the principle of Free Legal Aid and said accused people before the courts were constitutionally entitled to legal representation.

Independent County Councillor Jim Cuddy said victims had rights, too, and victims felt they were paying the price of crime twice through their taxes which was supporting the perpetrators’ defence.