Barristers to hold protest in Limerick as they strike for a second time over pay

Donal O'Regan, 8 Jul

CRIMINAL barristers around the country will withdraw their services

this Tuesday, July 9 in the first of three days of withdrawal this

month.

It follows a recommendation from the Council of The Bar of Ireland last

month. Protests will take place at 16 courthouses, including at

Mulgrave Street in Limerick city.

This is an escalation on the unprecedented action taken by criminal

barristers all over the country on October 3 last, with the aim of

seeking "an independent, meaningful, time-limited and binding mechanism

to determine the fees paid to criminal barristers by the Director of

Public Prosecutions and under the Criminal Justice (Legal Aid) Scheme".

Following the first withdrawal on October 3, 2023, a 10% restoration

was subsequently announced in Budget 2024 on October 10.

However, even after this 10% was restored, the full range of Financial

Emergency Measures in the Public Interest (FEMPI) era cuts that were

applied across the public sector, continue to apply to the profession,

and the unilateral breaking of the link (in 2008) to public sector pay

agreements has yet to be restored, say the Council of The Bar of

Ireland.

Sara Phelan SC, chair of the Council of The Bar of Ireland, said it is

with regret that they have recommended to criminal practitioners that

they withdraw service again.

"No barrister wishes to be in this position, but we have been left with

no choice. The Government has just reported on the complete unwinding

of FEMPI legislation this month, yet FEMPI-era cuts still apply to our

profession. This is despite the fact that the role of criminal

barristers has evolved significantly in that time frame, and we have at

all times delivered on the required reforms and flexibilities.

"Yet, barristers continue to be treated differently to others in the

criminal justice system and indeed to society at large. All we are

seeking is fairness, and for appropriate investment in the criminal

justice system.

"A failure to so invest will result in continued attrition at the

criminal bar, which will in turn add to the delays already being

experienced by members of the public involved in the criminal justice

system – these delays can often be very difficult, in particular for

victims of crime and accused persons, all of whom are seeking to have

their rights vindicated. The ball is in the Government’s court now,"

said Ms Phelan.

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'suffer'

Sean Guerin SC, chair of the Criminal State Bar Committee, said it has

been acknowledged in Government that there is "no good reason" why fees

of criminal barristers shouldn’t be restored.

"Yet eight months on from a commitment to establish a process reviewing

the fees, no meaningful progress has been made. The impact of

inadequate fees is having a corrosive effect on the retention of

counsel in criminal practice and this isn’t just a matter that affects

barristers, it’s also a matter of social justice.

"A lack of experienced and available barristers to fully and properly

defend or prosecute a case, leads to inequality and injustice, which

have an impact on everyone in society. Public trust in the criminal

justice system should not be taken for granted, and must be protected,”

said Mr Guerin.

The Council of The Bar of Ireland has recommended a withdrawal of

service by criminal law barristers nationwide on the following dates:

Tuesday, July 9, Monday, July 15, and Wednesday, July 24.