Pa Daly (Kerry, Sinn Fein) | Oireachtas source

The reality is that many poor people, who are very vulnerable and often suffering from addiction or mental illness, need the buffer of representation to deal with the prosecution and the whole system, including the judges. Equality before the law is a very important right and legal aid helps to provide this. The impact on defendants’ rights by the reduction in the fees means it is not economically viable for many barristers and solicitors to take on legal aid work. There is a serious risk of inequality for defendants who do not have the means to afford a different access to justice. It also compromises the balance between the State’s prosecutorial powers and defendants.

The other difficulty relates to the effect on retention and progression among barristers and solicitors. There is an impression that they come from a certain economic class, but as long as these cuts continue it is very difficult to retain people within the ranks of lawyers, especially in the more skilled in specialist areas, which is also a concern.

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