Oireachtas Joint and Select Committees
Wednesday, 27 November 2019
Joint Oireachtas Committee on Justice, Defence and Equality
Access to Justice and Legal Costs: Discussion
Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source
I thank the witnesses for coming in and giving us very detailed submissions that we will find very helpful. I acknowledge the role that solicitors, barristers, FLAC and the Legal Aid Board play in facilitating people to gain access to justice in this country. At this time, almost 11 a.m., throughout this country in District Courts, Circuit Courts and High Courts, people find themselves before what can be a very intimidating court system. Without the help of people such as the witnesses, I think people would find the system impossible. I acknowledge the role all of the witnesses play in that regard.
Sometimes, unfortunately, the interests of lawyers get conflated with the interests of the people who are before the courts. It is very important for this committee that we put at the centre of our deliberations the person who is trying to access justice. Let us leave to one side all the issues about the interests of lawyers. I know there are representative bodies present and they are obliged in many respects to represent the interests of their members, but let us put the person at the centre of this discussion.
I will focus first on the criminal context because the State seems to play a greater role in criminal law than it does in civil law. All the witnesses can feel free to respond but I am aware that Mr. Ó hUallacháin is someone who has worked in the criminal area and he might be helpful in that regard. When one looks at a person who wants to access justice in the area of crime, one has a victim of crime who will go to the police and then a file will be sent to the Director of Public Prosecutions for the prosecution of the case. Then one will have an accused person who will want to be represented. I know there are issues about the amount of moneys that are paid, but leaving that aside, from the point of view of the victim of crime and the person accused of the criminal offence, are they being provided with effective access and protection in the justice system?
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