Barristers' strike over pay stops criminal trials for a day

Sean Guerin SC, Chair of the Criminal State Bar Committee and Sara Phelan SC, Chair of the Council of The Bar of Ireland outside the Criminal Court of Justice in Dublin to protest the level of fees paid to criminal practitioners, which they say were cut from between 28% and 60% during the 2008 to 2011 period. Picture: Conor McCabe Photography

A number of Dublin Circuit Criminal Court trials did not proceed on Tuesday while the Central Criminal Court in Dublin did not sit at all due to a barristers' strike.

Just five cases were listed for trial in court 7 in the Criminal Courts of Justice at Parkgate Street, with Judge Patricia Ryan adjourning them all until Wednesday. Members of the public who had reported for jury duty were told they were not required this morning and were sent home at 10.30am.

No barristers were present in court for the brief hearing, with solicitors available instead to take note of the adjournments.

The Central Criminal Court, which is currently running a number of sexual abuse trials, did not sit on Tuesday. Trials are expected to resume on Wednesday.

Dozens of barristers gathered outside the building to protest the level of fees paid to criminal practitioners, which they say were cut from between 28% and 60% during the 2008 to 2011 period. They are expected to again withdraw their services on Monday, July 15, and Wednesday, July 24.

This is an escalation of strike action, after barristers withdrew services in October 2023. They maintain the government has failed to honour a commitment it made last year to carry out an independent review of fee rates.

Speaking outside court, Sara Phelan SC, chair of Council of the Bar of Ireland, said the frustration among criminal barristers was “absolutely palpable”.

“We're here again because in Budget '24, the government committed to engaging with us and reviewing a structure of fees and unfortunately that engagement hasn't yet happened. 

There's been one meeting, it's far too little, too late and really we need progress on this and need progress fast.

Sean Guerin SC, chair of the Criminal State Bar Committee, said barristers regretted being out on the steps of courthouses in Dublin and in 16 other locations around the country.

“We'd much rather be doing the work we do every day, which is prosecuting and defending serious criminal cases,” he said. “The reason why that's not happening today...is because we're still waiting for what was acknowledged back in June 2018 — that barristers have met the conditions for pay restoration to be finally implemented.” 

Mr Guerin said it was important to note barristers are paid on a per case rate. “Until January this year, that rate was the same rate that applied in 2002...

“If we had complete pay restoration in the morning, we'd still have suffered a 15 or 16% pay cut because of inflation. We're not looking for that, we're not looking for a pay rise. We're simply looking for an unwinding of the financial emergency pay cuts.”