Government urged to engage with criminal law barristers as fresh protests held

Muireann Duffy

Criminal law barristers are staging another day of protest on Monday, calling for action over fees paid to them by the Director of Public Prosecutions (DPP) and under the Legal Aid scheme.

This is the second day the barristers have withdrawn their services in July, having taken similar action on July 9th. A third day of protest is also scheduled to take place on July 24th.

Criminal barristers are seeking a restoration of fees, claiming 'Fempi-era cuts' (public sector pay cuts implemented following the 2008 economic crash) "continue to apply to the profession".

In a statement on Monday morning, the Council of The Bar of Ireland acknowledged that Budget 2024 included a 10 per cent restoration, but said the increase did not return fees to their pre-Fempi levels.

The council criticised the Government's "pass the buck" approach, urging them to engage with criminal barristers to address the matter.

In addition to the withdrawal of services, criminal barristers are also staging protests at courthouses around the country where criminal cases were due to be heard on Monday, including Dublin, Limerick, Cork, Galway and Castlebar, Co Mayo.

"We are at a loss to pinpoint where the leadership is in Government on this," the council's chair Sara Phelan SC said.

"Leadership to take a definitive, simple action and ensure the orderly administration of justice, but also leadership in terms of doing what is right so as to avoid the retraumatisation, confusion, delay and frustration for victims of crime."

Ms Phelan noted that both Taoiseach Simon Harris and Minister for Justice Helen McEntee recently acknowledged "the unfairness that continues to apply" regarding fees for criminal barristers, "yet it appears that such acknowledgement is not enough to merit a clear direct communication to us, with a commitment to an independent review and full restoration of cuts and terms and conditions".

"You can only draw from the well of goodwill for so long – something eventually has to give, and we have reached that point.

"Members are already voting with their feet and leaving the criminal bar. Meanwhile, others involved in the criminal justice system, such as victims of crime and accused persons, will suffer," Ms Phelan added, inviting the Minister and the Government to meet with the council "to avert future possible disruption".