CRIMINAL BARRISTERS IN Ireland are holding their first ever strike tomorrow to call on the Government to restore cuts to criminal legal aid funding.
This unprecedented industrial action from the Bar of Ireland (a representative body made up of 2,150 practising barristers) comes after District Court barristers held four protest days over the course of this year and 2022.
Criminal defence solicitors are also withdrawing their services tomorrow over legal aid fees.
A representative group claims that the Minister for Justice has refused to meet with them to discuss the ongoing dispute over fees, which are currently below 2002 levels after cuts were made during the crash and never reversed.
Solicitor Emer O’ Sullivan said: “The Minister for Justice has expressed her wish to reinstate these fees, but to date no increase has been approved by her Government.”
“It is apparent that students studying law are no longer opting for a career in criminal law. In 2018 there would have been hundreds at criminal law lectures this year there were 12 enrolled.
“It does not bode well for the legal profession nor society in general if we have no lawyers to assist those most in need of help,” she added.
A District Court barrister involved in the previous protests told The Journal that while tomorrow’s protest will mark an “important step in the right direction”, he is “very disappointed” that the Bar is not supporting all of the demands made by barristers working in the court.
The District Court is the lowest court in Ireland, and deals with less serious criminal matters and public order offences.
Barrister Darren Lalor said that while he will be participating in tomorrow’s action in support of his colleagues, he is disappointed that the protest is only “in support for those who practice on indictable matters, in the Circuit Court and higher”.
“I’ll be there in support, but I feel that myself and my colleagues are being made to wait on the scrapheap to have our concerns fought for,” Lalor said.
In addition to the restoration of legal aid funding, District Court barristers have been calling for a direct pay mechanism for practising barristers – currently paid by solicitors – who get criminal aid funding from the Director of Public Prosecutions.
“It’s not a reliable income because some solicitors pay you straight away, some take a week, some could take a month, and some might not pay you at all and you will be left chasing the fee,” said Lalor, who has practised in the District Court since 2016.
District court barristers are paid €25.20 for a remand hearing, which is usually the first time a person appears in court.
They are also paid €50.40 for a plea in mitigation at a sentencing hearing, when they argue whether a defendant should have time reduced from a headline sentence.
And they receive €67.50 when a matter goes to a full trial.
Lalor said that these fees can cover preparation work carried out the the night before, travelling long distances, engaging with medical and psychiatric staff as well as Gardaí, putting bail applications together, and waiting in court for a case to be heard.
“It isn’t just a matter of standing on your feet for ten minutes in a courtroom,” he explained.
He said that in comparison, pay arrangements and rates are better for Circuit Court barristers.
“It’s frustrating that the Bar is not calling for a direct pay mechanism for us. It has highlighted that two thirds of junior barristers are leaving their area of work within six years, but this high turnover is affecting the district court most of all.
“If our legal system is not properly funded, people will lose trust in it, and we will see even more drawn out processes for victims of crime, and those who are wrongly accused,” he added.
Barristers taking part in the action tomorrow will not attend court, have any communications with solicitors, or accept fees.
Protests will take place between 10am and 1pm outside courthouses across the country where criminal cases were listed for hearing.
Lalor said that while tomorrow is about getting the Government to enter “meaningful and serious discussions”, the Bar of Ireland “needs to go further in supporting all barristers in the future”.
The Law Society of Ireland has released a statement in support of barristers who will be protesting on the steps of court entrances tomorrow.
It called on the Government to use the upcoming budget to invest in the criminal justice system, and to stem the ‘tide of solicitors and barristers leaving the practice of criminal law”.
President of the society, Maura Derivan, said that Ireland’s legal aid system has become “unviable”, with real impacts for “access to justice”.
“Legal aid deserts’ are already emerging in some parts of the country where there may be only one solicitor available to take legal aid cases, or in some cases none at all.
“In fact, criminal legal aid fees paid to solicitors stand at 30% less than they were before the cuts were imposed, without taking account of significant inflation since that time,” she said.
Derivan said that continued “inaction” from Minister for Justice Helen McEntee will contribute to the creation of an inequitable legal system “made up of those who have ready access to legal representation, and those who do not – whether that is due to affordability, or geography”.
During an appearance on RTÉ Radio’s This Week programme on Sunday, McEntee said that she is engaged in negotiations on the budget that will be announced later this month – and that she has told barristers that.
She would not comment any further on the matter when pressed.
The chair of the society’s criminal law committee, John O’Doherty, said that despite legal work becoming increasingly complex and the impact of inflation, rates for criminal barristers and solicitors have not been reviewed.
“The inaction is having real consequences for access to justice as it is becoming unsustainable for many to practice criminal law,” he added.
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