Barristers not complying with Covid guidelines, says High Court president

Judge Mary Irvine has written to the Bar Council to warn that many barristers are not properly following the Covid-19 guidelines and as a result are putting their colleagues at risk. File picture

Barristers have been “dismissive or aggressive” when challenged by Courts staff for not complying with Covid-19 guidelines while at work, the president of the High Court has said.

Judge Mary Irvine has written to the Bar Council to warn that many barristers are not properly following the Covid-19 guidelines and as a result are putting the health and livelihoods of their colleagues at risk.

She warned that barristers congregating together in close proximity, if photographed, might create “a public scandal.” 

In her letter to Maura McNally, chairperson of the Bar Council, Judge Irvine states she regrets to say that what many members of the Bar and the Solicitor’s profession do not appear to understand is that whilst the courts have been deemed an essential service, they must operate in strict compliance with public health guidance.

“In recent days I have received several complaints that members of the legal profession are simply not complying with social distance guidance or indeed the court’s own guidance in respect of the wearing of face coverings. This is not just happening in Dublin, it is happening throughout the country. And, it disappointing to hear from some members of Courts Service staff who have asked barristers to comply with these requirements, that they have, on occasion, received a dismissive or aggressive response,” she wrote.

The letter, obtained by the Irish Examiner, states that in light of these recent complaints, and odd as it may sound, she made it her business to walk through the Round Hall and along the ground, first and second-floor corridors each day this week to observe what is happening.

“Regrettably, on almost every occasion I have come across pockets of practitioners talking/consulting in very close proximity to each other. I would go so far as to say that there are more practitioners offending than complying with their social distancing obligations. In particular, the scene outside Court 29 and the Master’s Court at various times yesterday, if photographed and published, might have created a public scandal,” Judge Irvine wrote.

40065665[/reamore]

“There were hordes of people on the landing who could easily have carried on their business while remaining socially distanced by using the adjacent top corridor.

“I have to say I find it hard to believe that those responsible for scenes like this are professionals well versed in the dangers of Covid-19 and whose livelihoods are on the line, but who, regardless of the fact that the infection rate is rising to the point that significant additional restrictions have been imposed to significantly reduce contact between people, are continuing to put themselves and others at risk,” she added.

Judge Irvine said she is also “acutely aware” of the terrible consequences that a shutdown of all physical hearings would have on the livelihoods of barristers and solicitors, particularly young barristers who are just getting started in their careers.

“Surely, every member of the bar and the solicitor’s profession must by now appreciate that their actions have the potential not only to adversely impact their own their own health and financial welfare but damage, if not destroy, that of their colleagues?” she asked.

“Believe me, I appreciate how exhausted everybody is due to the changes we have all had to make as a result of Covid-19. Nonetheless, I must urge you to do everything you can to impress upon your members just how important it is that they conduct themselves in a manner consistent with their obligations to their colleagues and the legal profession as a whole. 

"I have been told by the chief executive that a continuation of present practices will, if not remedied in short order, force the cessation or a significant reduction in all non-remote hearings,” the Judge concluded.