Legal profession split over wearing wigs and gowns

Opinion within the legal profession is split over the issue of wearing wigs and gowns in court, according to a new report.

Opinion within the legal profession is split over the issue of wearing wigs and gowns in court, according to a new report.

Lord Clyde, the Oversight Commissioner reviewing the roll-out of a series of criminal justice reforms in Northern Ireland, has reported that the question of appropriate dress in higher courts remains unresolved.

Following the Belfast Agreement, a full review of criminal justice was carried out and is now being implemented. However Lord Clyde has said the review's calls for simplification of barristers' and judges' dress needed what he called a "clear decision".

His latest report, published yesterday in Belfast, referred to the claim in the Criminal Justice Review that "the wearing of wigs was archaic, served no useful purpose and could contribute to the discomfort of the public about attending court".

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Commenting on the reference to wigs, Lord Clyde commented: "This recommendation has only been accepted in principle. The full terms of the recommendation have not been met and the matter must be left open for future resolution."

However, Mr Robert McCartney, a Queen's Counsel and Assembly member rubbished the review's recommendation concerning wigs. Asked by The Irish Times what he thought of abolition, Mr McCartney said it was "absolute bollocks".

"I'm a traditionalist. I spent my entire professional life wearing a wig and gown." Likening the policy to the wearing of a cleric's vestments, he said it reminded participants in court procedures they were taking part in a solemn occasion. "I think when people go to court they expect to see some tradition and solemnity.

"In the 40 years that I practised the law I don't remember a single occasion . . . never once in my entire experience did I ever hear anyone say they were uncomfortable with it."

Lord Clyde reported that the broad thrust of justice review's 293 recommendations was being adhered to but he added that insufficient resources could hinder implementation.

"There is a concern regarding the sufficiency of resources, and secondly a continuing concern about the time taken for the processing of criminal cases," he said.

In particular he said that the new Public Prosecution Service, which will take over prosecution duties from the DPP and the police, is being held up because of a difficulty in finding suitable sites for regional offices.

He said: "If sufficient funds are not to be made available during the current spending round, the Prosecution Service will be required to make a further revision to their plans." The target date for introduction of the new prosecution service is 2006.

• Olivia Kelly adds: In Dublin the chairman of the Bar Council of Ireland, Mr Conor Maguire, has said there are no plans stop barristers wearing wigs in court in the Republic. "Wigs are optional, but are seen by many as a badge of office and part of the uniform of the court."