Criminal barristers to go on strike for a day over failure to reverse cuts to legal aid fees

The dispute is over the fees paid to barristers by the DPP, and under the Criminal Justice (Legal Aid) scheme, which were cut in the wake of the financial crisis in 2008

The action set to go ahead on Tuesday, October 3, will see criminal barristers protest outside courthouses in an escalation of the row. File picture: Larry Cummins

Hundreds of criminal barristers across the country are set to strike for one day next week in a row over the Government’s failure to reverse cuts to criminal legal aid fees.

The one day of action as the legal year kicks off comes as around 450 barristers have already signed an open letter from the Bar of Ireland to the Government supporting the campaign and the withdrawal of services.

The action set to go ahead on Tuesday, October 3, will see criminal barristers protest outside courthouses in an escalation of the row. The dispute is over the fees paid to barristers by the Director of Public Prosecutions (DPP), and under the Criminal Justice (Legal Aid) scheme.

These were cut in the wake of the financial crisis in 2008, and criminal barristers argue that they have suffered a pay cut, in real terms, of more than 40% in the last 20 years, with fees remaining at 2002 levels.

As many as a dozen courthouses across the country, including the Criminal Courts of Justice in Dublin which houses the Central Criminal Court, will be affected by the day of action. In the letter, the Bar of Ireland said the justice system needs adequate resourcing and expert advocates for it to remain credible and functioning in upholding citizens’ and victims’ rights and the rule of law.

It said: “Fair is fair — public servants and others have had their cuts reversed. No credible reason has been given to treat barristers differently. The complexity of the work has changed enormously, and flexibilities and reform have been voluntarily implemented by barristers. This should be fairly remunerated. We all deserve a functioning and fair criminal justice system.” 

Chairman of the Bar Council Criminal State Bar Committee, Sean Guerin SC, said barristers have been waiting for a meaningful response from government for over five years. He said the one-day strike action by criminal barristers was something they were only doing very reluctantly and with regret.

'Brain drain'

Mr Guerin warned the 'brain drain' from the criminal law side is already taking place as two thirds of barristers who practise criminal law leave within six years of starting off.

“We had always thought it would actually take some time for the drain of talent to manifest itself at the more senior levels, but in fact it has manifested itself as a problem probably even sooner than we thought. Already this year we have seen a couple of occasions where the DPP has had difficulty finding senior counsel to prosecute a serious case involving offences against the person,” he commented.

He said they were not suggesting for a moment that the rates of pay for criminal work should be fixed by the rates of pay that apply to big commercial cases between major corporate entities in the High Court and all they asked for was simply the restoration of the cuts imposed.