‘Beneath the dignity of his office’: Solicitor rejects O’Callaghan’s suggestion rape cases were targeted

A CRIMINAL DEFENCE solicitor has accused Justice Minister Jim O’Callaghan of making remarks “beneath the dignity” of his office, rejecting any suggestion that striking solicitors deliberately targeted rape cases.

Eoghan O’Sullivan of Powderly Solicitors called on the minister to withdraw comments prepared for his appearance before the Oireachtas Justice Committee this afternoon.

It comes as Taoiseach Micheál Martin backed O’Callaghan this morning and ruled out intervening in the criminal legal aid dispute.

In his opening statement, O’Callaghan expressed “deep concern” that six cases adjourned at the Central Criminal Court because of the action on Monday all involved allegations of rape.

“I should place on record my deep concern that the only cases deliberately affected by the withdrawal of services in the Central Criminal Court yesterday were those involving allegations of rape.

“I believe this Committee and indeed the public are entitled to an answer as to why this is the case,” the minister’s prepared remarks state.

Solicitors involved in the dispute escalated their action on Monday by withdrawing all criminal defence services, including custody cases and cases involving children.

In a statement this morning, O’Sullivan said the withdrawal affected courts across the country and cases involving a wide range of alleged offences.

“There was no deliberate targeting of rape cases and it is beneath the dignity of the office of the Minister for Justice to try to accuse criminal defence solicitors of such a deliberate act,” O’Sullivan said.

He described the minister’s prepared comments as “false, misleading” and said they should be withdrawn immediately.

“This is a full withdrawal of services. There has been no deliberate targeting of rape cases.”

O’Sullivan said cases involving robbery, arson, fraud, burglary, violent disorder, drugs offences and money laundering had also been disrupted.

He warned that it would take years to clear the backlog and that experienced solicitors could leave criminal defence work permanently if the payment scheme remained unchanged.

“Criminal defence solicitors want to be back at work and it is within the minister’s gift to end this dispute now by engaging meaningfully with the Law Society,” the solicitor said.

Speaking to reporters on his way into cabinet this morning, the Taoiseach said he supported the minister’s efforts to reform the courts and regretted that rape cases had not been heard.

“I don’t think the action yesterday is necessary,” Martin said.

Asked whether it was time for him to intervene, Martin replied: “The minister will deal with this, and I won’t be intervening in the situation at all.”

In a statement this morning, a spokesperson for the Law Society reiterated its call for the minister to arrange a meeting to resolve the dispute. 

“Despite numerous requests the Minister for Justice has not met the Law Society since 27 July.

“The administration of justice is being disrupted across the country, causing real anxiety and distress to victims of crime, defendants, and all court users.

“The Chief Justice, the High Court and many others have urged a resolution,” the spokesperson said.

They noted that the representative body has written to the minister every month since July seeking a meeting to resolve the two core outstanding issues related to the new criminal legal aid scheme.

“We ask the Minister to confirm a date for that meeting,” the spokesperson said.

The dispute centres on a new flat-fee payment model for criminal legal aid solicitors, introduced on 1 July. Thousands of criminal cases have been adjourned during the dispute.

The Department of Justice has defended the scheme, saying a solicitor receives €520 for a case concluded in one court appearance, compared with €240 under the previous model. Solicitors have pointed to the increasing complexity of cases in challenging the changes.

On RTÉ’s Six One News on Monday, O’Callaghan said he had “no difficulty” engaging with solicitors and would speak with them this week or next.

“But what I won’t do is revoke the scheme,” O’Callaghan said.

Ruth Coppinger also criticised the minister’s remarks, accusing him of using rape and sexual assault survivors “as a political football”.

“The minister appears to be citing one list on one day in the CCC that happened to be all sexual assault cases — there were no murder cases,” Coppinger said.

“But for months now the minister has refused to even engage with solicitors, knowing full well that victims of crime are suffering.

“The buck stops with the minister. His macho posturing is evident in his approach across many issues. It needs to stop.”

Meanwhile, Justice Committee chair and Sinn Féin TD Matt Carthy called for “calm engagement and meaningful efforts to reach a resolution” ahead of this afternoon’s hearing.

Includes reporting from Hannah Power