Criminal barristers to stage protests at 16 courthouses during tomorrow’s strike

Criminal barristers to stage protests at 16 courthouses during tomorrow's strike

Pictured: Bar Council chairperson Sara Phelan SC.

Criminal barristers across the State will withdraw their services tomorrow in a major escalation of the Bar Council’s campaign for fee restoration.

Protests will take place at 16 courthouses where criminal cases are due to be held, including the Criminal Courts of Justice in Dublin, on the first of three planned strike dates in July.

The Bar Council, which previously organised an unprecedented one-day withdrawal of services last October, has called for nationwide action on Tuesday 9 July, Monday 15 July and Wednesday 24 July.

Last year’s action led to a 10 per cent restoration in criminal legal aid fees — but the full range of FEMPI-era cuts that were applied across the public sector, continue to apply to the barristers’ profession and the unilateral breaking in 2008 of the link to public sector pay agreements has yet to be restored.

A government-commissioned review acknowledged as early as 2018 that the reversal of the cuts was justified given the level of reform and flexibilities delivered by the profession.

Gatherings are expected in front of courthouses in Ennis, Cork, Tralee, Naas, Kilkenny, Limerick, Castlebar, Longford, Trim, Sligo, Clonmel, Bray, Waterford and Wexford.

Sara Phelan SC, chair of the Bar Council, said: “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.

“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.

“A failure to so invest will result in continued attrition at the criminal bar, which will in turn add to the delays already being experienced by members of the public involved in the criminal justice system — these delays can often be very difficult, in particular for victims of crime and accused persons, all of whom are seeking to have their rights vindicated.

“The ball is in the government’s court now.”

Sean Guerin SC, chair of the criminal State bar committee, added: “It has been acknowledged in government that there is ‘no good reason’ why fees of criminal barristers shouldn’t be restored, yet eight months on from a commitment to establish a process reviewing the fees, no meaningful progress has been made.

“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.”

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