Criminal barristers are ‘simply looking for fairness, equity and equality’ as they continue their strike action outside courthouses today, according to the Chair of the Bar of Ireland.

The action outside courthouses in Dublin, Cork, Limerick, Galway and Mayo brings the Irish criminal justice system to a halt for the second time in a week – with a third day of action scheduled for next week.

The barristers are calling for pay cuts introduced under FEMPI legislation in 2009 and 2011 to be reversed.

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.

'Increasingly frustrated'

Speaking outside the Criminal Courts of Justice this morning, the Chair of the Council of The Bar of Ireland, Sara Phelan SC, said lawyers are starting to lose patience with the Government’s lack of engagement on the issue.

“Members are increasingly frustrated so what we will do, if the budget doesn’t actually give us what we are looking for, obviously the matter will have to go back to members again,” she said.

“We will test the temperature and take action accordingly.

“What I can say is that I don’t believe members will be any less frustrated, I think they will be even more frustrated come October, if the budget doesn’t give us what we are asking for.”

The barristers are calling for an “independent, meaningful, time-limited and binding mechanism” to determine the fees they should be paid by the DPP and under the Legal Aid scheme.

They are warning that currently, two-thirds of criminal barristers leave the profession after just six years.

"Equity and equality"

On Breakfast Briefing this morning, Ms Phelan said barristers are simply looking for fairness – and are “absolutely not” looking for a pay increase.

She said barristers will still be earning less than they were pre-austerity when the FEMPI cuts are restored – because they have not enjoyed any pay increases in response to the rising cost-of-living.

“If the Government were to come to us and say, ‘We’ll give you an increase,’ we're not going to say no, but that is absolutely not what we are looking for,” she said.

“We're simply looking for fairness because every other worker in the criminal justice sector has had those fees restored.

“It simply is a matter of fairness and a matter of equity and equality at this stage.”

Ms Phelan said very little court business will get on today – although barristers have been instructed to ensure that any cases involving children or vulnerable witnesses due to give evidence today should go ahead.

Barristers outside the Criminal Courts of Justice this morning. Image: Frank Greaney

She said it is essential the pay cuts are restored in order to ensure the courts have enough competent and experienced barristers to run serious criminal trials.

“If I am a victim of crime and I want my rights vindicated, I want my trial to come to court speedily, without any delay, and I want my crime to be prosecuted on behalf of the DPP by a competent and experienced barrister so that, as a victim of crime, there is the very best possible chance that the accused person will be convicted.

“On the flip side, if I am an accused person or I have a loved one or a family member who's an accused person and I want to have their rights vindicated, I want to make sure that they are being defended by the very best so that they can have their rights vindicated.

“Either which way, if we don't have proper remuneration, fair remuneration - I'm not talking about excessive remuneration - we're not going to have criminal barristers staying in the criminal practitioner system so that they become experienced to prosecute serious crime or defend serious crime.

“That is where the fairness is. That is where my concern is. That is where the Bar of Ireland's concern is and at that stage, it's an access to justice issue, no more and no less.”

A third day of action is planned for Wednesday, July 24th.

Additional reporting from Frank Greaney