Criminal law barristers are protesting at the steps of courthouses across the country today as part of an ongoing dispute with the Government over pay.
Today’s protest is the first of three days of planned action this month.
Fees for criminal barristers were cut under FEMPI legislation in 2009 and 2011 and the barristers claim they have not been restored in line with other sectors.
They say a 10% restoration announced in last year’s budget is not enough – noting that the sector has not been included in public sector pay agreements since 2008.
They are now calling for an “independent, meaningful, time-limited and binding mechanism” to determine the fees that should be paid to barristers by the DPP and under the Legal Aid scheme.
Dublin says #FairisFair - criminal barristers protest on the front steps of the Criminal Courts of Justice.
Have your voice heard at https://t.co/7WF9lWQyTR. pic.twitter.com/hi8OJhpqez
— The Bar of Ireland (@TheBarofIreland) July 9, 2024
Speaking outside the Criminal Courts of Justice in Dublin this morning, Chair of The Bar of Ireland, Sara Phelan SC said actions speak louder than words:
“I know that the Minister for Justice has said in the past that she doesn’t want to see barristers out on the steps of courthouses and she has also said that she doesn’t see any good reason why the FEMPI-era cuts shouldn’t be restored – but unfortunately a promise is something that we can’t rely on, we need to see a firm binding commitment,” she said.
“We don’t see why that binding commitment can’t be made now and implemented in Budget 2025 next October.”
Protests
Barristers are this morning protesting at 16 courthouses across the country – with further days of action planned for Monday, July 15th and Wednesday July 24th.
The Council of the Bar of Ireland is warning that two-thirds of criminal barristers leave the profession after just six years.
It is also warning that a lack of investment by successive Governments is leading to delays in the criminal justice system, thus impacting victims of crime.
During his time as interim Justice Minister, the now-Taoiseach Simon Harris said Government supported the reversal of the cuts and was working with the Department of Expenditure on a restoration plan.
He said the new Criminal Justice (Legal Aid) Bill 2023 would provide “an opportune time to review the fee structure for criminal legal aid”.
Kilkenny says #fairisfair. pic.twitter.com/PpUoHoV4es
— The Bar of Ireland (@TheBarofIreland) July 9, 2024
Ms Phelan said barristers regret the need to protest but insisted “we have been left with no choice”.
“Barristers continue to be treated differently to others in the criminal justice system and indeed to society at large,” she said.
“All we are seeking is fairness, and for appropriate investment in the criminal justice system.
“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.
“These delays can often be very difficult, in particular for victims of crime and accused persons, all of whom are seeking to have their rights vindicated.
“The ball is in the Government’s court now.”
"A matter of social justice"
Meanwhile, the Chair of the Criminal State Bar Committee Seán Guerin SC, warned that the impact of lower fees on the legal profession is not just a matter that affects barristers but is also “a matter of social justice”.
“A lack of experienced and available barristers to fully and properly defend or prosecute a case leads to inequality and injustice, which has an impact on everyone in society,” he said.
He warned that public trust in the criminal justice system, “should not be taken for granted and must be protected”.
With reporting from Frank Greaney.
