Barristers adorned in their official attire, rallying for better pay at the Criminal Courts of Justice, may attract public attention, but may not garner much sympathy. They are advocating for a complete rollback of the cuts in legal aid fees made in 2008 for their members taking on criminal cases. These cuts were part of broader financial austerity measures (Fempi) affecting public sector salaries, most of which have been restored.
Represented by the Bar Council of Ireland, the lawyers are demanding a full reinstatement of pre-Fempi fees and a re-establishment of the prior link with public sector pay rates. They are also asking for the creation of an “independent, decisive, time-bound, and mandatory mechanism” to decide future fees.
This wave of strike is the second of a triad planned for this month, with the subsequent one earmarked for July 24th. It is likely that the timing, just before the October budget, is not incidental. A similar demonstration last year resulted in a 10% hike in legal fees in the budget.
As of now, it appears that the Department of Justice and the Department of Public Expenditure and Reform are passing the responsibility for this issue back and forth, each claiming the other is in charge. This push-and-pull may be a typical part of the budget proceedings, but it is crucial to remember the vital role legal aid plays in safeguarding citizens’ right to legal counsel, irrespective of their ability to pay. The system should be underpinned by a dedicated and driven group of barristers.
Some accounts suggest that barristers are opting for more lucrative civil court jobs over criminal legal aid work, a concerning trend. Both the Irish Council for Civil Liberties and the Free Legal Advice Centres (Flac) are sufficiently worried about this to back the barristers’ demands.
The barristers’ arguments are valid and merit thoughtful consideration from the government.