Sara Phelan SC

Hundreds of barristers are said to have signed a declaration which states that they “will not attend court on or after the 1st June 2024 for cases involving State-funded prosecution and/or defence work in criminal cases” because of the government’s failure to reverse FEMPI-era pay cuts.

However, the declaration caveats this by saying that the action will only go forward if “at least half of those on the prosecution and defence panels also sign”.

Organisers Luigi Rea BL and Darren Lalor BL say the declaration has been signed by 75 senior counsel and 326 junior counsel, but they have not received answers to queries about the total number of barristers on the prosecution and defence panels.

In an email sent to barristers last week, chairperson Sara Phelan SC said the grassroots initiative did not have the support of the Bar Council, which previously organised a one-day strike on 3 October 2023.

Ms Phelan said the Council “fully shares the frustration expressed in this document with the State’s failure to restore FEMPI-era pay cuts”, but had previously told government ministers that negotiations could run until 30 June 2024 at the latest.

“If, by the 30th June 2024, such meaningful engagement has not proved possible and effective, the Council will take immediate steps to resume the campaign of action which resulted in an unprecedented nationwide show of support on the 3rd October 2023,” she continued.

“The Council considers that any such action should be based on a recommendation of Council to members, following a period of consultation to secure widespread support, and backed by the practical, administrative and communications resources of the entire profession acting through the Council.”

She also said that a general meeting scheduled for 17 June 2024 would be “the correct procedure and forum to consider matters” and that the Council would continue to welcome members’ views to criminaljustice@lawlibrary.ie.