Barristers in all their finery protesting on the steps of the Criminal Courts of Justice looking for more money might spike the interest of the public but it may not engender much empathy.
The profession is seeking the full reversal of 2008 cuts to the legal aid fees paid to its members who act in criminal cases. The cuts were part of wider Financial Emergency Measures in the Public Interest (Fempi) cuts to public sector pay which have been largely reversed.
Barristers – represented by the Bar Council of Ireland – are looking to have fees fully restored to pre-Fempi levels along with the restoration of the previous link to public sector pay rates. They also want an “independent, meaningful, time-limited and binding mechanism” established to set fees in the future.
Last Monday’s strike was the second of three planned for this month, with the next one set for July 24th. The timing – in the run up to the Budget in October – is probably not coincidental. A similar protest last year was followed by a 10 per cent increase in legal fees in the Budget.
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Something similar may be in the mix this year but at present the Department of Justice and Department of Public Expenditure and Reform are batting the issue backward and forwards between them, with each claiming it is the other who has responsibility.
This may be part and parcel of the budget process but it is important not to lose sight in all of this of the reality that the provision of legal aid is integral to how the State upholds its citizen’s constitutional right to legal representation, even if they cannot afford to pay for it. At its heart must be a pool of committed and motivated barristers.
There is anecdotal evidence that barristers are passing up criminal legal aid work in favour of better paid work in the civil courts. It is not a healthy development and both the Irish Council for Civil Liberties and the Free Legal Advice Centres (Flac) are concerned enough about this to support the barristers’ claims.
The barristers are making a reasonable case and deserve a considered response from the Government.