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.