In a third demonstration of the month, criminal barristers today took strike action over sustained cuts to criminal legal aid fees that have not been amended since the financial crisis. They’ve cautioned about potentially escalating their actions if the stalemate continues. The Bar Council’s incoming Chair, Seán Guerin, has vocalised the growing irritation amongst barristers regarding the delay in restoring fees.
Half a decade ago, the Justice Department and the DPP had agreed that the prerequisites for pay restoration for barristers had been fulfilled. Yet, this increase has yet to be implemented. According to Guerin, there is “no valid justification” for the late pay restoration, and the council disputes the government’s stance that this issue cannot be resolved before the next budget in October. Unless the barrister’s pay situation is comprehensively addressed in the impending budget, tension is likely to escalate and lead to added protests, Guerin has warned.
Guerin was queried if expanding protests to incorporate civil courts was on the council’s agenda. He replied affirmatively stating the profession, and beyond, are broadly supportive of the criminal barristers. “The council will explore all possible avenues and confer extensively with our members before endorsing any further measures”, he said.
The country’s criminal courts yet again came to a halt on Wednesday, as barristers staged protests and abstained from service at various courthouses including the Four Courts in Dublin, as well as courthouses in Cork, Limerick, and Sligo. These demonstrations have resulted in multiple case adjournments, ensuing in additional delays and costs. Many barristers from civil courts participated in the grand assembly outside the Four Courts, standing in solidarity with their colleagues in criminal law.
The Bar of Ireland council, which stands for around 2,100 barristers, had advocated for the withdrawal of services in protest against the ongoing stagnation over the restoration of criminal legal aid fees following cuts during the recession period.
In recently exchanged letters with the Taoiseach, Simon Harris, and Helen McEntee, the Minister for Justice, as well as department officials, a deadlock in proceedings has been highlighted. This follows an extraordinary withdrawal of services that occurred on the 3rd of October and led to a minor recovery of 10% of fees, as was disclosed in the 2024 budget.
The grievances addressed by the council highlight that barristers are still subject to the comprehensive reductions that affected the public sector since 2008. They further assert the necessity to reinstate the tie to public sector pay agreements that was severed in 2008. Even if barristers were to receive full pay restorations, due to inflation, it would effectively still represent a 15-16% pay reduction in actual terms, according to Mr Guerin.
Alice Maguire-Spencer, a barrister since 2017, was part of the protest to raise awareness and advocate for the restoration of fees. She detailed that her earnings for a single case in the District Court currently total €27.22, showing a minor increase from €25.20, an amount she finds insufficient. She stressed that it is challenging to make a living in the criminal Bar and shared that she has had to wait for months to receive payments. She has also begun civil cases, but admitted they, too, come with their own payment delay issues.
Senior lawyer Bernard Dunleavy, who specialises in civil law, supported the protest because he recognises the immense efforts put in by his criminal law colleagues, who often represent some of the most disadvantaged members of the community. He acknowledged that those lawyers like himself, working in the civil sector, generally receive higher compensation, but emphasised that everyone deserves a reasonable earnings for their work. Mr Dunleavy voiced his concern for the future appeal of the criminal Bar for budding barristers, nostalgically comparing it to the time when he started his journey in law three decades ago.