The current criminal defence solicitors' dispute has had a knock-on effect seeing children showing up to court with no representation.
After a recent article showcased the knock-on effects of the current criminal defence solicitor's dispute, Tusla has made the decision to pay for legal aid for children in their care.
On Wednesday, solicitors went on strike once again amid ongoing controversy surrounding legal aid reforms.
The withdrawal of their services meant 11 teenagers appeared before Dublin Children’s Court without legal representation.
Justice Minister Jim O'Callaghan introduced a single fixed fee of €520 for representing a legally aided person in the District Court, a change from €239 for a first appearance and about €60 for each later appearance.
In light of the strike, Minister O'Callaghan said: "As Minister, with a responsibility to ensure that the criminal legal aid scheme is not abused, I cannot allow a blank cheque to be written by the taxpayer to allow for multiple payment certificates to be issued for one accused person or multiple unnecessary adjournments being sought.
"I also cannot ignore that similar cases that have the same outcome paid for privately by citizens not legally aided have an average weighted number of appearances of three when criminal legal aid cases have an average weighted number of appearances of five."
Speaking on The Pat Kenny Show, Eoghan O’Sullivan of Powderly Solicitors explained why Tusla had to resort to using it's own "already overstretched" funds to pay for legal aide for children in their care going to court.
He shared: "At the moment, given the current dispute, there are no solicitors working down in that area at present, especially those with the relevant expertise in juvenile justice.
"So it would have been unusual for Tusla to reach out to privately retain a solicitor to look after the court appearances and court work with regards to the children in their care. It's not a move I'd imagine that they've taken lightly.
"I note that they have to act as the responsible adult for the children in their care and as such, due to the concerns that they would have around children in their care.
"Their safety and their well-being and the fact that they couldn't access a solicitor under this new scheme, they've [Tusla] unfortunately left with the decision to dip into their own resources, which we all know are already overstretched, in order to cover the legal fees for the children appearing before court because the scheme that's been introduced by the Department of Justice is failing them."
Mr O'Sullivan previously worked in the Children's Court in Smithfield, representing young people who were up on offences, including some children who were in the care of Tusla at the time.
He also highlighted how moving quickly with these cases are extremely important, as it can help divert vulnerable children away from criminal activity.
"It's very important that they do for the simple reason that we need to move quickly with children, particularly these vulnerable children in the Children's Court," he added.
"Early intervention is important to try and divert them away from criminal activity and the negative activity that came before the Court."
The new scheme was brought in on July 1 and while the Minister believes the scheme is working, Mr O'Sullivan disagrees, as if people are showing up to court without representation, then that indicated it is not effective.
"We all want to go back to work,' he continued. "We all want to represent the people that we've represented before and other people need our help.
"I mean, solicitors aren't popular. It's not a popularity contest. However, we do a very important function and people, when they need a solicitor, want to know they can get somebody who has got the expertise and is working in the field so that they can be properly looked after."
Main image: Sign for Tusla (Child and Family Agency) offices in Dublin. Photograph: Leah Farrell / © RollingNews.ie
