Reports in from the European Union indicate that Irish criminal barristers have withdrawn their services as of Tuesday, the 3rd of October, due to a dispute concerning the rate of legal aid fees. The Bar Council of Ireland disclosed in July that there would be a one-day strike in protest.
The debate originates from the fees paid to criminal barristers via the Director of Public Prosecutions under the Criminal Justice (Legal Aid) scheme. Following the 2008 financial crisis, these fees were reduced and have not seen a restoration ever since. Current fees payable to criminal barristers are reportedly still consistent with 2002 levels.
Despite numerous attempts by The Bar Council of Ireland to negotiate a reform of the legal scheme with the Government, there hasn’t been any successful resolution. In pursuit of an independent and time-limited mechanism to determine fees payable to barristers by the DPP and under the Criminal Justice (Legal Aid) Scheme, the council implemented a one-day withdrawal of services.
Sean Guerin SC, Chair of the Criminal State Bar Committee, noted that the failure of successive governments to recognise the need for fee restoration, coupled with the targeting of the Bar as the sole participant in the criminal justice system not to secure pay restoration, poses a substantial threat to the integrity of the criminal justice system.
This unprecedented act of withdrawing services will likely impact a considerable number of criminal cases listed for court proceedings, including trials, sentences, and arraignment hearings. It impacts all courts throughout the country that hear criminal matters, speaking to the significance of this protest.
In the wake of the strike, the Irish budget for 2024 is set to be announced on the 10th of October. Justice Minister Helen McEntee supports the reversal of the cuts. Nevertheless, the Department of Public Expenditure and Reform has not indicated if they have begun implementing any changes.
For full details on the situation, read the dispatch filed by Ciara Dinneny, JURIST’s European Bureau Chief and a trainee with the Law Society of Ireland, in Dublin, available here.