Northern Ireland barristers strike over fees

By Rebecca Black, PA

Criminal barristers in Northern Ireland are taking part in strike action over fees.

They protested outside the Royal Courts of Justice on Monday during the stoppage as they withdrew services for work on criminal cases.

Criminal barristers engaged in both criminal defence and prosecution work withdrew their services except for emergency matters in protest at what they have termed the department’s “neglect of the criminal legal aid system”.

They said they remain willing to engage urgently with the department of to address the current pressures.

Chairman of the Bar Council of Northern Ireland Donal Lunny KC, said he and his colleagues regard strike action as a last resort.

“The Bar Council has, for many months, been exploring every possible alternative measure and has consistently called for urgent action from the Department of Justice to avoid any withdrawal of service taking place,” he said.

“This is now a grave situation where we have been forced to highlight publicly that the current system is wholly unsustainable due to a lack of funding, engagement, and action, from the Department of Justice.

“Barristers are independent, self-employed practitioners, many of whom are not just struggling but are at breaking point. Our consistent warnings to the department have gone unheeded, and the foreseeable result is a serious access to justice crisis.”

He added: “Today’s initial strike action has not been taken lightly, it is very much a last resort.

“It is a regrettable but necessary measure to preserve the viability of the system of Criminal Legal Aid as a vital public service.

“Criminal cases are becoming increasingly complex, court delays are at chronic proportions despite criminal barristers working at 130% capacity, Crown Court fees have not been increased in almost 20 years and barristers are forced to wait three to four months to be paid.

“We understand the concern this will cause to victims and those seeking justice in relation to serious crimes.

“However, victims should be in no doubt that it is the department’s prolonged inaction that has brought us to today’s crisis.

“An effective, properly funded criminal justice system is as important, if not more important, to victims as it is to everyone else involved in that system.

“Our asks are modest and achievable – the department must immediately publish the Independent Review of Criminal Legal Aid, which they have been withholding since August, provide a fair interim uplift in fees, and work with urgency and purpose to address substantively the long-standing problems of unfair remuneration and payment delay to preserve the viability of our system of Criminal Legal Aid and ensure access to justice for all.”