Barristers’ body recommends one-day ‘withdrawal of services’ over pay

The Bar of Ireland, the body representing barristers, has recommended a one-day withdrawal of services to its members working in criminal law over fees paid to those working in the sector.

In recent months, dozens of barristers have taken to the steps of the Criminal Courts of Justice in Dublin to protest about the Government’s failure to reverse cuts to criminal legal aid fees imposed more than a decade ago during the recession.

Following engagement with its members, the council of the Bar of Ireland on Wednesday announced it has formally written to the Government to notify it of its recommendation to members to implement an initial one-day withdrawal of services on October 3rd.

The purpose of the action, the Bar of Ireland said, is to pursue a “meaningful, independent and time-limited mechanism to determine fees payable to barristers by the DPP and under the Criminal Justice (Legal Aid) Scheme”.

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A range of cuts to fees for criminal barristers were applied during the financial crisis. In 2008, the then-government also unilaterally broke the link between fees paid to barristers and increases offered under public-sector pay agreements. As a result, barristers are paid a flat rate, with no provision for inflation or cost of living increases.

A 2018 review, led by the Office of the Director of Public Prosecutions, found the ongoing flexibility being delivered by prosecuting counsel is “considered comparable to the flexibility delivered by other groups to justify the reversing of cuts imposed during the financial emergency”.

Sara Phelan SC, chairwoman of the council of the Bar of Ireland, said barristers are being treated differently to other members of the criminal justice system.

“Despite delivering a range of changed work practices and reforms that have delivered significant efficiencies for the criminal justice system, the Government has refused to recognise this by means of fee restoration,” she said.

“We have now lost confidence in Government’s commitment to the preservation of the highest standards in the administration of justice and in the existing mechanism for determining the fees payable to barristers practising criminal law.”

Ms Phelan said the announcement of the withdrawal of services was made with “regret”, but the council had been “left with no choice”.

“This is not an action the council or the members of the Law Library take lightly, as we are acutely aware of the impact on everyone involved in the criminal justice system,” she said. “We have notified Government of the intended action, and, in the meantime, we remain available to actively engage with them on these important matters.”

Sean Guerin SC, chairman of the Criminal State Bar Committee, said the DPP and the Department of Justice acknowledged the flexibilities provided by members to improve the administration of criminal justice in that 2018 review.

“The failure by consecutive governments to recognise this by means of fee restoration, and the targeting of the Bar as the only participant in the criminal justice system not to secure pay restoration, is a fundamental threat to the integrity of the criminal justice system,” he added.

A spokesman for Minister for Justice Helen McEntee has met the Bar Council and has made clear she believes there should be restoration of criminal legal aid fees.

Ms McEntee has said the issue is very much on her agenda for the upcoming budgetary process and her discussions with Minister for Public Expenditure and Reform Paschal Donohoe.