A proposal for a strike by criminal barristers unless the Government pledges to full criminal legal aid pay restoration by the end of 2025 has been narrowly defeated at an extraordinary general meeting of the Bar of Ireland.
Following what sources described as a sometimes “chaotic” but “mannerly” meeting lasting about two and a half hours on Monday evening, the motion favouring strike action from late April in the absence of a Government commitment being given by the end of March was defeated.
The meeting was private but, according to sources, just over half of the estimated 100 barristers present voted against the motion.
A narrow majority also voted against a Bar council amendment welcoming the commitment in the Programme for Government “to fully restore criminal legal aid fees”, acknowledging progress in the last two Budgets towards that, and urging the council to continue its efforts to ensure complete restoration, including of the link to public sector pay, as soon as possible.
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Barrister sources interpreted the rejection of both motion and amendment as underlining that many barristers, while furious that recession era pay cuts have still not been fully reversed and wanting the council to take more radical action, are reluctant to commit to further strike action before the new Government’s approach is clear.
Some sources noted the attendance at the meeting, which was convened on foot of a petition signed by 50 barristers, represented only a small percentage of the overall Bar membership of 2,100.
[ Barristers urged to strike again over criminal legal-aid pay cutsOpens in new window ]
Two other motions were narrowly defeated. One sought that barristers are not bound to accept publicly funded criminal work from a date to be agreed by the meeting, until “proper professional fees” are agreed between the State and the council. A council amendment to that, which was in similar terms to its amendment to the strike motion, was defeated.
The third defeated motion wanted the council to seek government agreement to a scheme under which barristers would be paid directly, not via solicitors, for criminal legal aid work in the District Courts. The meeting rejected a council amendment to that.
A fourth motion seeking the establishment of a “transparent” and “workable” fee claiming and payment system for review of disclosed materials was passed, with some minor amendments from the council.
The long-running pay dispute previously led to the council sanctioning an unprecedented one-day strike by criminal barristers in October 2023. Barristers again withdrew services over three days in July 2024, protesting the fees being paid at that time were more than 40 per cent below 2022 levels.
An 8 per cent pay restoration announced in last October’s budget came into effect in January, involving unwinding a cut applied in 2011.
Bar council chair Seán Guerin SC told Monday’s EGM the budget measure, and other developments, showed the council’s approach is effective.
In a statement at the weekend, Mr Guerin welcomed the appointment of Fianna Fáil TD, Jim O’Callaghan SC, as Minister for Justice, and said the Bar looks forward to working with him on “key reform priorities”. The restoration of criminal legal aid fees is “an urgent priority”, he said.
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