Further action not ruled out on third day of barristers’ strike

Further action not ruled out on third day of barristers' strike

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

Further strikes have not been ruled out as criminal barristers today embark on the third and final day of withdrawal of services planned for this legal term.

Protests are taking place at 11 courthouses around the State, including the Four Courts in Dublin as well as courthouses in Carlow, Ennis, Cork, Buncrana, Naas, Kilkenny, Limerick, Longford, Sligo and Clonmel.

The Bar Council has said there is a “leadership vacuum in government” and that the situation remains at an impasse following some correspondence with Taoiseach Simon Harris and justice minister Helen McEntee.

Its recommendation of a withdrawal of service by criminal barristers on three days in July — Tuesday 9th, Monday 15th and today — followed an unprecedented one-day withdrawal of services in October 2023, which led to a 10 per cent fee increase.

Despite this, the full-range of FEMPI-era cuts that were applied across the public sector continue to apply to the profession, and the unilateral breaking in 2008 of the link to public sector pay agreements has yet to be restored.

Sara Phelan SC, chair of the Bar Council, said: “The issue continues to be an orphan, and there’s a leadership vacuum in government.

“Communications from An Taoiseach and from minister McEntee have done little to progress our request for an independent review. Our members feel frustrated and let down, and once more are obliged to come out on the steps of courthouses to make their point.

“Despite repeated requests for meaningful engagement on this matter, no government minister has met us to discuss our request.

“We are being told that we must ‘wait until Budget Day’ — yet there is no rational reason for this when public sector pay agreements have been committed to ahead of Budget Day, with a view to then being implemented in the Budget. There is no reason why a similar commitment cannot be given to criminal practitioners.”

She added: “Withdrawal of services, whether this term or at any other time, could be avoided if government had considered the matter worthy of its timely attention.

“We sincerely hope that this lack of engagement will be rectified with an appropriate and full response, dealing with all outstanding issues, in Budget 2025 in October.”

Seán Guerin SC, chair of the criminal State bar committee and incoming chair of the Bar Council, said: “We deeply regret being forced once more to cause further disruption with this third day of withdrawal of service.

“We are at a loss as to why our profession is being left to endure FEMPI-era cuts, while every other category of worker who provides services to the State has had their reductions unwound; particularly when the Minister for Justice, Helen McEntee TD, has said there is ‘no good reason’ for us to be treated in this way.”

A press statement issued by the Bar Council said the “question remains as to whether further action may be compelled due to government inaction on what is a reasonable request”.

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