The forthcoming month poses the risk of additional hold-ups in the criminal courts due to barristers’ planned strikes, motivated by their quest for higher remuneration. The Bar council of Ireland, consisting of over 2,000 members, is arranging the suspension of services and has proposed three strike dates in July to its members.
This initiative marks a more serious step following a previous strike on the 3rd of October, during which virtually no criminal cases were touched upon at the Criminal Courts of Justice. This was a result of the mass participation of barristers in a national strike held for the first time in response to the Government’s reluctance to retract their cuts to legal fees during the recession.
The proposed strikes this July are set for the 9th, 15th, and 24th of the month. In the previous budget, a €9 million grant was given to the barristers in an attempt to curb the 10% reduction in criminal legal aid fees, a move appreciated by the Bar council at the time as a “critical and mandatory initial move.”
However, the Bar of Ireland released a statement on Friday expressing their dissatisfaction with the fact that payscales from the Celtic Tiger era, prior to the financial collapse of 2008, have not yet been reinstated.
The group was particularly frustrated by the slow reversal of pay cuts imposed during the financial collapse, especially when compared to other public-sector groups. They emphasised their chief grievance that while most groups have seen their pay cuts retracted, the fees for criminal legal aid, including both prosecution and defence work, remains at 2002 levels. The group argued this is unfair considering barristers have been assisting with efficiency improvements and service reform.
In response to questions about the anticipated strikes, the Department of Justice acknowledged the potential suspension of services. It suggested that the criminal legal aid scheme requires modernisation and mentioned the Criminal Justice (Legal Aid) Bill 2023, outlining several proposed changes to criminal legal aid. The department further committed itself to ongoing communication with relevant stakeholders, including those in the legal profession, to discuss the legal aid system’s future funding and modernisation.
Sara Phelan, who is at the helm of Bar of Ireland, stated that the entity is primarily seeking justice. For almost a decade, they have been lobbying for pay restoration. According to a government-sanctioned review launched in 2018, the rectification of the salary reductions barristers faced post the 2008 financial crisis was warranted considering the scale of transformation and adaptabilities offered by the profession, as she explained.
However, the treatment barristers receive remains distinct compared to others involved in the criminal justice framework and even in relation to the wider society, Phelan further noted. She expressed profound regret that they have been compelled to take further measures in order to establish a mechanism to set fees. She also affirmed their commitment to join forces with their peers in the criminal justice system to curtail the repercussions imposed on the most susceptible individuals. Meanwhile, the Courts Service declined to make any remarks.