Criminal barristers on strike today for the third time this month over the failure to reverse recession-era cuts to criminal legal aid fees have warned of possible further action if the “impasse” persists.
Senior counsel Seán Guerin, incoming chair of the Bar council, said barristers are increasingly frustrated about the delay in fee restoration.
Six years after the Department of Justice and the Office of the DPP were satisfied barristers had met the conditions for pay restoration, that has still not occurred, he said.
There is “no good reason” to delay pay restoration and the council does not accept the government’s insistence the matter cannot be addressed before next October’s budget, he said. If the pay issue is not fully addressed in the budget, barristers frustration will continue to build and that “will manifest itself in further action”, Mr Guerin warned.
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Asked would the council consider extending protests to the civil courts, he said there is “widespread support” across the profession, and beyond, for the criminal barristers.
“The council will consider all options that are available and we will consult widely with our members before we make any further recommendation.”
He was speaking on Wednesday as business in criminal courts across the country again came to a standstill, with barristers withdrawing their services and holding protests at the Four Courts in Dublin and 10 other courthouses, including in Cork, Limerick and Sligo.
The protests have meant adjournments of many cases, meaning delays for victims and others involved, more delays in court lists and additional costs.
Many barristers practicing in the civil courts joined the large protest outside the Four Courts to support their criminal law colleagues.
The council of the Bar of Ireland, representing some 2,100 barristers, had recommended the services withdrawal in response to what it says is a continued lack of progress over criminal legal aid fee restoration following recession-era cuts.
Following recent correspondence with the Taoiseach, Simon Harris; Minister for Justice, Helen McEntee, and officials of her Department, the situation “remains at an impasse”, it said.
This month’s actions follow an unprecedented withdrawal of services on October 3rd last in the wake of which a partial restoration of 10 per cent of fees was confirmed in Budget 2024.
The council’s complaints include that the full range of cuts applied to the public sector from 2008 continue to apply to barristers and the unilateral breaking in 2008 of the link to public sector pay agreements has yet to be restored. Even if full pay restoration took place, criminal barristers would still have suffered an effective 15-16 per cent pay cut in real terms because of the effects of inflation, Mr Guerin said
Alice Maguire-Spencer, who was called to the Bar in 2017, said she was protesting “to raise awareness and ensure fee restoration”.
“I practice mainly in the District Court and for one case, you will now end up getting only €27.22, which is an increase from €25.20, but is certainly not adequate.”
It is a struggle to earn a living at the criminal Bar and barristers can wait months to get paid, she said. She has taken on civil work as well but civil work “has its own problems with delays in getting paid”.
Senior counsel Bernard Dunleavy, who practices civil law, said he was supporting the protest “because I see how hard our criminal colleagues work, I’m conscious of the incredible service they provide to some of the poorest sections of our society”.
“Fortunately, those of us in civil practice are better remunerated. Fair is fair, people have to get a fair shake for doing the sort of work that they do.”
He is concerned about the future of the criminal Bar, Mr Dunleavy said. “I don’t see the criminal Bar as being as attractive for younger barristers coming in as it was when I joined the Bar nearly 30 years ago.”
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