Many criminal trials planned for next month are still in jeopardy pending resolution of a dispute between barristers and the Department of Justice over payment, according to the chairman of the Bar Council.
However, a Department of Justice spokesman was "reasonably optimistic" yesterday that the dispute would be resolved in time to allow the sittings to go ahead.
Chairman-elect of the Bar Council, Mr John MacMenamin, will appear tomorrow before the acting president of the Circuit Court, Judge Diarmuid Sheridan, to discuss the listing of trials due when the courts resume. Because of the backlog of criminal trials it was agreed that the Circuit Criminal Court would resume three weeks early, on September 20th, to help clear them.
However, due to a dispute over delays in the payments owed to barristers working on the legal aid scheme, the Bar Council threatened to withdraw from the scheme at the end of the law term in July. Without defending counsel, cases cannot go ahead.
Mr MacMenamin is expected to ask Judge Sheridan to defer finalising the lists until September 3rd to allow for further progress in resolving the dispute. Both sides are optimistic that it can be resolved in time to allow the early resumption of work by the court.
A meeting took place last week between representatives of the Bar Council and the Minister for Justice, Equality and Law Reform, Mr O'Donoghue, to discuss the arrears in payments due and a general overhaul of the system.
Following the meeting, Mr MacMenamin said he was "guardedly hopeful" that the matter could be resolved. However, unless it was to the satisfaction of the criminal bar there would be no legal aid trials in September.
"We are pleased to note that the Minister appears determined to resolve this dispute as soon as possible," he said.
"The Minister's commitment to a comprehensive solution is heartening but in light of the long-standing nature of the problem, barristers are understandably sceptical until action is taken and measures are actually implemented by the Department."
According to Mr MacMenamin, some barristers are due payment for work done up to three years ago. There have been persistent complaints about non-payment of legal aid fees from the Bar Council for almost a decade.
There were some 1,100 outstanding claims at the end of last term. Almost half of these have now been paid, according to a spokesman for the Department of Justice. Of the remaining 600, a quarter have difficulties with certification or have been lost in the system, and are being followed up, and the remainder are being processed.
Much of the difficulty arises from a cumbersome system involving the Circuit Court Office, the office of the Director of Public Prosecutions, the Department of Finance and the Department of Justice. Because prosecuting and defending counsel are paid the same for appearing in a case, all these bodies are involved in deciding on fees.
A spokesman for the Department acknowledged that there had been difficulties in the past, and said the Minister was determined the situation would be resolved. "In the longer term, he is determined to ensure a new system will be put in place," he said.
"There is agreement in principle on a new streamlined system. The new system will take out a few steps in the process. Details of the claim will be raised from the court records. It will involve the streamlining of procedures between the DPP's office and ourselves.
"We are reasonably optimistic that there will be a resolution within a couple of weeks and the court sittings will be able to go ahead."