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Bar Council calls on Government restore fees for criminal practitioners

Galway’s criminal barristers withdrew their services again last week, in the second of three days of withdrawal this month.

The Galway legal practitioners joined their colleagues across the country in a second day of protests in towns and cities where criminal cases were due to be heard – at the Criminal Courts of Justice in Dublin, and Courthouses in Cork, Limerick, and Castlebar.

The Council of The Bar of Ireland has recommended the action due to the lack of progress in establishing an independent, meaningful, time-limited and binding mechanism to determine the fees paid to criminal barristers by the Director of Public Prosecutions and under the Criminal Justice (Legal Aid) Scheme.

Budget 2024 saw the restoration of ten per cent of fees, following a withdrawal of service on October 3 last year.

However, even after this ten per cent was restored, the Bar Council argued that the full range of FEMPI-era cuts that were applied across the public sector, continued to apply to the profession, and the unilateral breaking of the link (in 2008) to public sector pay agreements has yet to be restored.

And the Bar Council said its members are increasingly frustrated at the lack of engagement from Government on the matter.

“We are at a loss to pinpoint where the leadership is in Government on this,” said Chair of the Council of The Bar of Ireland, Sara Phelan SC.

“Leadership to take a definitive simple action and ensure the orderly administration of justice, but also leadership in terms of doing what is right so as to avoid the retraumatisation, confusion, delay and frustration for victims of crime.

“Statements last week by An Taoiseach and the Minister point to a universal acknowledgement of firstly, the unfairness that continues to apply, and secondly, the fact that barristers continue to put their shoulder to the wheel to play their part in ensuring the proper administration of justice.

“Yet it appears that such acknowledgement is not enough to merit a clear direct communication to us, with a commitment to an independent review and full restoration of cuts and terms and conditions?

“As the Minister and Government know, you can only draw from the well of goodwill for so long – something eventually has to give, and we have reached that point. Members are already voting with their feet and leaving the criminal bar.

“Meanwhile, others involved in the criminal justice system, such as victims of crime and accused persons, will suffer,” she warned.

“As always, we invite the Minister and her colleagues in Government to personally meet with us to avert future possible disruption,” she said.

The third day of withdrawal of service by criminal law barristers will take place next Wednesday, July 24.

Pictured: Criminal barristers during their protest outside Galway Courthouse on Monday this week. Barristers withdrew their services as part of a national campaign to have pay cuts reversed. Photo: Joe O’Shaughnessy.

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