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Donal O'Regan, 28 Sep
LIMERICK solicitors and barristers practicing criminal law will be
outside - instead of inside - courts on Tuesday.
[INS: :INS]
A strike has been announced from 10am to 1pm and it is envisaged it
will be the biggest demonstration outside of Dublin.
Julianne Kiely, president of Limerick Solicitors Bar Association, and
Cian Kelly BL, Limerick representative on the Bar Council, told
Limerick Live the decision to withdraw their services has not been
taken lightly but they feel they have no other choice.
Ms Kiely said many criminal law defence practitioners have made the
decision to withdraw their services before the courts on Tuesday,
October 3 in support of their barrister colleagues.
"They also wish to add their voice in protest at the ongoing situation
in relation to criminal legal aid fees for solicitors that has
continued now for well over a decade. Cuts were imposed during the
difficult financial years and despite promises at that time that fees
would be restored, this never came to pass.
"The criminal legal aid fees paid were higher in 2009 than they are
today. They were slashed to their lowest in 2012 and have remained at
that level since. It has become increasingly difficult to remain in
practice given the level of fees paid and in the face of ever rising
inflation and cost of living," said Ms Kiely, in a statement.
[22-09-2023_Tusla_St_Josephs_Campus-2A-1695804272463.jpg--new_tusla_off
ice_space_opens_in_limerick_city.jpg?1695804272627]
New Tusla office space opens in Limerick city
Criminal legal-aid fees are almost 30% less in real terms than they
were before the cuts were imposed following the Celtic Tiger crash.
"This not only affects the individual practitioner but also their
employees. Approaches were made to successive governments to address
the situation but all efforts by the solicitor practitioners to deal
with the issue have been ignored. A local political representative
raised this issue in the Dáil on our behalf as recently as November
2022. A Government minister responded with reference to barristers
without acknowledging solicitors at all.
"A decision to withdraw is not taken lightly by the practitioners but
at this stage it is felt that they have no other choice but to take
this course of action. A professional, hard-working and empathetic
legal profession is of the greatest importance. I am proud to say that
Limerick solicitors fall into this category. We work hard for our
clients in a busy environment and enjoy a good relationship with all
stakeholders," said Ms Kiely.
Multiple sittings of the district court take place across Limerick city
and county every week - making it one of the busiest court districts in
the country.
"We are a busy district and have continued to provide services in the
face of ever-increasing cost pressures, lack of resources and at times
a disproportionate amount of cancellations of our courts due to the
unavailability of judges. Limerick has not only called on successive
governments to address the issue of legal aid fees but also the amount
of Judges and resources available to support Limerick," added Ms
Kiely.
"Unfortunately, it has become increasingly difficult to sustain a
practice and continue in our profession in the area of criminal law
defence. Many practitioners have had no choice but to leave this area
of practice and it is not attractive to our young professionals.
"This will lead to difficulties in the future regarding access to
justice and will also create a divide for those who can afford and
those who cannot. A fair and balanced legal system is at the very core
of our democratic society and should be supported and maintained for
all stakeholders to include the legal profession," concludes the
statement.
Mr Kelly insists the strike is a "last resort".
"We have been trying to engage with the different Government
departments for approximately the last 12 years since the initial cuts
were first introduced and then additional and more significant cuts
were further applied shortly thereafter.
"We have been engaging with every Government department as much as
possible. We now have the support of the Minister for Justice, we have
the support of the Director of Public Prosecutions and other parties
involved in the criminal justice sphere. It is essentially down to the
Department of Public Expenditure who obviously control the purse
strings. We are just being met with a brick all. They are not engaging
with us at all," he said.
[flash-1455285_1280-1695805692127.jpg--limerick_farmer_survives_lightni
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Limerick farmer survives lightning strike
Emergency public service pay cuts during the financial crisis have left
barristers fees at 2002 levels or down over 40%.
"We are looking at a scenario when we are sitting in court everybody's
pay has been restored except us - guards, prison officers, probation
service, court service staff, judges, anybody else involved in the
court case who is paid by the State has had their pay restored except
us. That is essentially what it boils down to - just because you are
self- employed as opposed to being directly employed by a Government
agency," said Mr Kelly.
He envisages that the strike on Tuesday will be the largest
demonstration outside of Dublin as the only circuit criminal court
sitting in Clare, Limerick and Kerry is listed for Limerick Courthouse,
Mulgrave Street.
The barrister compares how the world has changed since 2002 and the
additional work involved for barristers and solicitors in 2023.
"We’re talking mobile phones, computers, social media accounts. In
2002, it was a very paper-based world. When you are looking at
disclosure from a laptop, mobile phone or social media accounts - when
that comes to be printed that is boxes upon boxes and boxes," said Mr
Kelly, who qualified in 2006 and has seen many colleagues leave the
profession since then.
"I would say there is roughly between half to a quarter of the people
that qualified with me still practicing. I appreciate when lists are
published and people see a couple of names making an enormous amount of
money but that is like saying somebody working for the Limerick Leader
is making Ryan Tubridy money," said Mr Kelly.