Criminal barristers across the country are withdrawing their services today (9 July) in the first of three days of action over fees.

As part of the action, protests will take place at 16 courthouses where criminal cases were due to be heard.

The move represents an escalation of the unprecedented action taken by criminal barristers all over the country on 3 October last year.

‘Longer-term risks’

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.

They say that the Government has so far failed to engage with the independent-review process, despite having had almost a year to do so.

Ahead of the action, the Council of the Bar of Ireland held talks with justice and finance spokespersons of all the main political parties. It has also communicated directly with ministers – including Taoiseach Simon Harris and Minister for Justice Helen McEntee.

The Bar added that it had outlined the need for a resolution in the matter, and the longer-term systemic risks to the administration of justice if the Government did not act.

Public-sector deals

After the first withdrawal of services in October, a 10% restoration was subsequently announced in Budget 2024.

“However, even after this 10% was restored, the full range of FEMPI-era [financial emergency measures in the public interest] 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 said.

The Bar adds that it has “actively engaged” with the judiciary, Courts Service, and relevant State bodies to allow for alternative arrangements during the day of action.

‘No choice’

Sara Phelan SC (chair of the Council of the Bar of Ireland) said that barristers had been left with no choice.

“All we are seeking is fairness, and for appropriate investment in the criminal-justice advocacy service, through an independent review so that work in 2024 is fully reflected and sustainable,” she stated.

“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,” Phelan added.

Barristers are also set to withdraw services on 15 July and 24 July.