Criminal law barristers in Cork and elsewhere withdraw services in pay dispute

Criminal barristers protesting outside the Cork Courthouse, Washington Street.

BARRISTERS who work in criminal law in Cork and across the country have withdrawn their services today [Tuesday] in the first of three days of action this month in a dispute over pay.

Protests are taking place at 16 courthouses nationwide including at the courthouse on Washington Street.

Representative body for barristers in Ireland, the Council of The Bar of Ireland, said the withdrawal of services is an escalation on the action taken by criminal barristers all over the country on October 3 last, with the aim of seeking an “independent, meaningful, time-limited and binding mechanism to determine the fees paid to criminal barristers by the Director of Public Prosecutions and under the Criminal Justice (Legal Aid) Scheme”.

The organisation said that following the first withdrawal on October 3, a 10% restoration was subsequently announced in Budget 2024, but said that even after this 10% was restored, the full range of FEMPI-era cuts that were applied across the public sector continue to apply to the profession, and the unilateral breaking of the link (in 2008) to public sector pay agreements has yet to be restored.

This, the Council of The Bar of Ireland said, is despite a Government commissioned review in 2018 acknowledging that the reversal of the cuts was justified given the level of reform and flexibilities delivered by the profession.

'Left with no choice'

“It is with regret that we have recommended to criminal practitioners that they withdraw service again.

“No barrister wishes to be in this position, but we have been left with no choice,” Sara Phelan SC, chair of the Council of The Bar of Ireland, said.

“The Government has just reported on the complete unwinding of FEMPI legislation this month, yet FEMPI-era cuts still apply to our profession.

“This is despite the fact that the role of criminal barristers has evolved significantly in that time frame, and we have at all times delivered on the required reforms and flexibilities.

“Yet, barristers continue to be treated differently to others in the criminal justice system and indeed to society at large.

“All we are seeking is fairness, and for appropriate investment in the criminal justice system,” she continued.

'Inadequate fees'

Sean Guerin SC, chair of the Criminal State Bar Committee, said the impact of “inadequate fees” is having a “corrosive effect on the retention of counsel in criminal practice and this isn’t just a matter that affects barristers, it’s also a matter of social justice”.

“A lack of experienced and available barristers to fully and properly defend or prosecute a case, leads to inequality and injustice, which have an impact on everyone in society.

“Public trust in the criminal justice system should not be taken for granted, and must be protected,” he said.

The Council of The Bar of Ireland has recommended a withdrawal of service by criminal law barristers nationwide on the following dates: Tuesday, July 9, Monday, July 15, and Wednesday, July 24.