Criminal barristers to withdraw services again

ireland
Criminal Barristers To Withdraw Services Again
Group of barristers on strike outside court, © PA Archive/PA Images
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By Cillian Sherlock, PA

Criminal barristers are refusing to work on Tuesday as part of three days of planned action in July.

Following a recommendation from the Council of The Bar of Ireland last month, criminal barristers around the country will withdraw their services on Tuesday in a dispute over fees.

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Protests will take place at 16 courthouses nationwide where criminal cases were due to be heard on the day, including the Criminal Courts of Justice in Dublin.

It is an escalation of unprecedented action taken by criminal barristers all over the country in October.

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The barristers say they are seeking an “independent, meaningful, time-limited and binding mechanism” to determine the fees paid to them by the Director of Public Prosecutions and under the Criminal Justice (Legal Aid) Scheme.

Following the first withdrawal of service in October, a 10 per cent restoration was announced in the 2024 Budget.

However, barristers say that other public sector cuts applied during the financial crisis are still active in relation to the profession, and that a link between public sector pay agreements and their fees has been broken.

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The Council of the Bar of Ireland says that two thirds of the criminal bar leave the profession after six years and that a “lack of investment by successive governments” is causing delays in the criminal justice system, impacting victims of crime.

Sara Phelan SC, chairwoman of the Council of The Bar of Ireland 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 (Financial Emergency Measures in the Public Interest) legislation this month, yet Fempi-era cuts still apply to our profession.

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“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.

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

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