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Barristers ‘increasingly frustrated’ on fees

Criminal barristers are withdrawing services nationwide again today (15 July), in the second of three days of action this month.

Protests are taking place where criminal cases were due to be heard – at the Criminal Courts of Justice in Dublin, and courthouses in Cork, Limerick, Galway, and Castlebar, Co Mayo.

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

FEMPI cuts

Budget 2024 saw the restoration of 10% of fees, following a withdrawal of service on 3 October last year.

“However, even after this 10% was restored, the full range of FEMPI-era cuts that were applied across the public sector, continue to apply to the profession, and the unilateral breaking of the link (in 2008) to public-sector pay agreements has yet to be restored,” the Bar of Ireland says.

The Council of the Bar of Ireland has described its members as “increasingly frustrated at the lack of engagement from Government” on the issue.

Council chair Sara Phelan SC said: “We are at a loss to pinpoint where the leadership is in Government on this; 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 re-traumatisation, confusion, delay, and frustration for victims of crime.”

‘No meaningful engagement’

Incoming chair Seán Guerin SC, who is also chair of the Criminal State Bar Committee, said that it had been acknowledged as long ago as 2018 that the reforms and flexibilities provided by criminal-law practitioners justified the restoration of fees, “and yet, six years later, we are still waiting”.

“There has been no meaningful engagement by the Government. Instead, two Government departments – DPER and Justice – each insist that the other is responsible for resolving the issue.

“The suggestion that a resolution must wait until budget day is contradicted by the numerous examples of similar issues being dealt with outside of the budget-day speech in the past,” he concluded.

Barristers say that they remain ready to meet the Government to resolve the issue.

A third day of action is due to take place next week, on Wednesday 24 July.