Criminal barristers to withdraw services for one day in pay dispute 

The Council of the Bar of Ireland has formally written to the Government informing it of its recommendation.

Barristers working in the criminal courts have been told to withdraw their services for one day in an effort to get pay cuts that were introduced following the financial crash reversed.

The Council of the Bar of Ireland says the failure of successive governments to restore fee cuts has left it with “no choice” but to recommend its members withdraw services on Tuesday, October 3.

It has formally written to the Government informing it of its recommendation “in pursuit of a meaningful, independent and time-limited mechanism to determine fees payable to barristers by the DPP [Director of Public Prosecutions] and under the Criminal Justice (Legal Aid) Scheme.” 

The Bar says that, as a result of cuts introduced in the wake of the 2008 financial crash, fees for criminal barristers remain below 2002 levels in nominal terms. This is despite a 2018 review by the Office of the DPP and the Department of Justice which recognised that barristers were entitled to pay restoration.

“Barristers are being treated differently to other members of the criminal justice system and indeed to society at large,” said Council of the Bar of Ireland chair Sara Phelan. 

Ms Phelan says her organisation’s members had demonstrated flexibility and delivered “a range of changed work practices and reforms that have delivered significant efficiencies for the criminal justice system”, something she says the Government “has refused to recognise by means of fee restoration”. 

“We have been attempting to engage with Government on this matter for seven years now and, having exhausted every avenue available to us, we have now lost confidence in Government’s commitment to the preservation of the highest standards in the administration of justice and in the existing mechanism for determining the fees payable to barristers practising criminal law.” 

The Bar says cut fees for criminal barristers have led to retention issues in criminal practice, which has, in turn, created issues "in respect of frontline advocacy services, which, if not addressed, will undoubtedly have a profound impact on the administration of criminal justice and the public good”. 

Ms Phelan added the withdrawal of services recommendation “is not an action the council or the members of the Law Library take lightly.” 

“We are acutely aware of the impact on everyone involved in the criminal justice system. We have notified Government of the intended action, and, in the meantime, we remain available to actively engage with them on these important matters,” she added.