Criminal solicitors and barristers who are “providing a service to the State” have to “come with a begging bowl,” according to a Fine Gael senator.

A private parliamentary Fine Gael meeting yesterday heard calls from TDs and senators for the party to reverse cuts made between 2008 and 2011 to the free legal aid scheme fees.

Speaking to Newstalk Breakfast, senator and criminal barrister Barry Ward said, “It's embarrassing that professionals who have spent a lot of time and money training, and are providing a service to the State, have to come with a begging bowl.”

“It’s different from almost any other sector, insofar as legal aid fees were cut over a decade ago and in terms of criminal solicitors and barristers, they have you ever been restored,” he said.

‘Misconception’

Senator Ward said it is a misconception that all barristers are well-paid.

“Criminal solicitors and barristers are worst-paid lawyers in the State,” he said.

“If you listen to the rates that they're paid, a junior barrister who goes to the district court for a case would be paid €25 euro for their trouble to do that.

“That results in delays for prosecution, and it results in the non-availability of barristers.”

‘Criminal law’

Senator Ward said this has meant “fewer and fewer lawyers are going into criminal law and many of them are coming out of it.”

“This applies to prosecution lawyers as well … when we talk about prosecution, serious offences, and all kinds of criminal offences, the barristers and solicitors who represent the defence and the prosecution are paid exactly the same amount,” he said.

Senator Ward said that the bar is often a second profession for barristers and solicitors.

“They may have been doctors or guards or the defence forces,” he said.

“If you're that person, you can't practice in criminal law because you might have a mortgage or children or something like that, and there's no possibility to pay for that.”

‘Restoration’

Senator Ward said criminal barristers and solicitors hope to see a restoration of fees and an unwinding of the cuts, although he is not sure how much it should increase.

“I'm not sure the exact cost because it depends on the fee, but it will probably be slightly more than 10% to restore where we were,” he said.

“When you're talking about a multiple of €25, even if you're doing four cases in a day, you're still only getting €100.

“People forget that when you have legal aid lawyers, they are providing service to the State that avoids the necessity for the State to pay them as employees and provide sick pay.

“People forget that there is actually a great saving for the State … because they don't have all the employment obligations, pensions, and all the other things that come with working in public service.”

You can listen back to the episode here: