Criminal barristers 'at breaking point' to strike for pay restoration

Those striking will be picketing outside Ireland’s various criminal courts. Senior counsel Tom Creed will be picketing at the Cork Courthouse on Washington Street. Picture: Denis Minihane

A strike by criminal barristers today over legal aid fees is a clear indication that the system “is at breaking point”, practitioners have said.

With fees for criminal barristers hovering around the levels paid in 2002, young professionals are lasting only six years on average before leaving the job, junior counsel and chair of the Irish Criminal Bar Association Simon Donagh said.

“It’s something I’ve heard so much of in my role as chair,” Mr Donagh, a barrister in practice since 2013, said.

They’re really at the point where something simply has to happen. Many have already gone because the job isn’t sustainable for them.

Barristers are currently paid a €1,144 fee per case they take ahead of its first hearing, regardless of the length of time the case may take to prepare. Subsequently, they’re paid €572 per day in ‘refresher’ fees per day thereafter.

Younger barristers however will generally have far fewer cases than their more experienced counterparts, meaning that a steady income could be hard to come by for those trying to establish their practice.

The Bar Council meanwhile argues that legal aid fees are on aggregate 40% lower than they should be at present following a series of cuts in the wake of the 2008 economic crash. Criminal barristers are unique in that they are the only sector of the system yet to see pay restoration, the council claims.

It is not clear what impact the day of action will have on the criminal courts service in terms of cancellations and postponements.

A spokesperson for the courts service said that “it is open to each court and judge to adjourn a matter to another date”.

“Representation by barristers varies across court jurisdiction and it is not possible to say how many cases may be impacted,” they said.

Mr Donagh said that he hopes that the necessity for further strikes doesn’t arise.

“I really hope it doesn’t come to that. We’ve heard from Minister Harris, Minister McEntee, before them Minister Flanagan, all who’ve voiced some level of support for our position,” he said.

No one is disputing its legitimacy. This is not about increasing pay, it’s about restoration. We’re not looking for more money, just what we used to get.

Those striking will be picketing outside Ireland’s various criminal courts, in Mr Donagh’s case the Criminal Courts of Justice beside the Phoenix Park in Dublin.

The picketers are planning on wearing their barristers’ robes, Mr Donagh said, though it is not mandatory.

Senior counsel Tom Creed will meanwhile be picketing at the Cork Courthouse on Washington Street.

A senior counsel with more than 40 years of experience, Mr Creed acknowledged that the issues at stake, which do not overly affect him given the breadth of his practice, are nevertheless existential for the profession.

“It’s disappointing that it has come to this. This is absolutely unprecedented,” he said.

“It isn’t a difficulty for me, but for younger barristers, the figures are that 60% of them leave criminal litigation after 6 years.”

“The Director (of Public Prosecutions) wants good, experienced counsel to prosecute on her behalf, and she selects barristers who have a number of years’ experience. Every citizen is entitled to have an appropriately qualified and competent lawyer.”

“But in order to get that experience you have to be able to work and live, and unfortunately people aren't getting to the stage where they can have a sustainable income,” Mr Creed said.