Criminal barristers continue withdrawal of services

Criminal barristers continue withdrawal of services

Pictured: Séan Guerin SC and Sara Phelan SC with striking barristers at the Criminal Courts of Justice, Dublin on Tuesday 9 July.

For a second time this month, criminal barristers across the State have withdrawn their services as part of The Bar of Ireland’s campaign for fee restoration.

Protests took place this morning at the Criminal Courts of Justice in Dublin as well as courthouses in Cork, Limerick, Castlebar and Galway.

It follows similar action last Tuesday 9 July and comes ahead of the third and final proposed July day of action next Wednesday 24 July.

The Bar Council, which previously organised a one-day withdrawal of services last October, says the action is necessary as the government has not followed through on a promise to review the fees paid to criminal barristers by the DPP and under the criminal legal aid scheme.

Cuts of between 28.5 per cent and 69 per cent were imposed on barristers following the 2008 crash. There was a 10 per cent increase in fees following last year’s withdrawal of services.

Taoiseach Simon Harris last week told the Dáil he acknowledged “there is more work to do” and that ministers “want to achieve more this year”.

Speaking today, Bar Council chair Sara Phelan SC said: “We are at a loss to pinpoint where the leadership is in government on this.

“Leadership to take a definitive simple action and ensure the orderly administration of justice, but also leadership in terms of doing what is right so as to avoid the retraumatisation, confusion, delay and frustration for victims of crime.

“Statements last week by An Taoiseach and the minister point to a universal acknowledgement of firstly, the unfairness that continues to apply, and secondly, the fact that barristers continue to put their shoulder to the wheel to play their part in ensuring the proper administration of justice.

“Yet it appears that such acknowledgement is not enough to merit a clear direct communication to us, with a commitment to an independent review and full restoration of cuts and terms and conditions?

“As the minister and government know, you can only draw from the well of goodwill for so long — something eventually has to give, and we have reached that point. Members are already voting with their feet and leaving the criminal bar. Meanwhile, others involved in the criminal justice system, such as victims of crime and accused persons, will suffer.

“As always, we invite the minister and her colleagues in government to personally meet with us to avert future possible disruption.”

Seán Guerin SC, chair of the criminal State bar committee and incoming Bar Council chair, joined the protests in Galway and Limerick.

“It has been acknowledged as long ago as July 2018 that the reforms and flexibilities provided by criminal law practitioners are such that they justify restoration of fees, and yet, six years later, we are still waiting,” he said.

“When pilots went on strike, we heard appeals from government for engagement on all sides to resolve the dispute. Our profession — and the users of the criminal justice system — have the same expectation of timely engagement. There has been no meaningful engagement by the Government.

“Instead, two government departments — DPER and Justice — each insist that the other is responsible for resolving the issue. The suggestion that a resolution must wait until budget day is contradicted by the numerous examples of similar issues being dealt with outside of the budget day speech in the past.

“We very much regret having to take this action, and we especially regret the impact on victims, accused persons, witnesses, jurors and all involved in the criminal justice system. We remain ready to meet with government to resolve this matter.”

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