Council of The Bar of Ireland to review Breaking Down Barriers recommendations | ‘Economic barrier’ tied to low criminal fees – Seán Guerin SC

18 September | Recommendation to intensify engagement concerning State legal aid fees welcomed ahead of Budget 2025

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The publication of the Legal Services Regulatory Authority Breaking Down Barriers Report today has been acknowledged by the Council of The Bar of Ireland. 

The Report, prepared by the LSRA for the Minister for Justice, makes 32 recommendations to improve equity of access and entry into the legal profession and increase diversity within the profession.

The Bar of Ireland, through its Young Bar, Education and Training, and Equality and Diversity Committees, contributed to LSRA’s examination and work.

Commenting on the Report, Seán Guerin SC, Chair of the Council of The Bar of Ireland, said;

I welcome the publication of the LSRA Breaking Down Barriers report. The Council of the Bar of Ireland will study the full report in detail but it would be timely to recall what was noted in the the EY report Preparing for the Future: Pushing Boundaries report of 2021. There has been huge growth in the number of practising barristers in the State in recent decades and this increase in membership has led to higher competition between barristers to secure adequate volumes of work to sustain a practice, particularly for younger members.

This finding is confirmed by the LSRA report, which notes:

“Early career self-employed barristers face considerable challenges in earning a living”.

We will review in greater detail the important aspects of the Report relating to Equity, Access and Training. At this early point, and on the threshold of Budget 2025, we welcome in particular the recommendation set out in the Report for intensified engagement around the concerns about professional fees for State legal aid work. 

We have been very clear in the last year this is a serious economic barrier for those wishing to pursue  and sustain a career at the bar, and that this in turn poses a threat to wider society in terms of access to justice. Government has indicated that this issue will be addressed in the upcoming Budget 2025 and the Taoiseach has confirmed that both he and the Minister for Justice are committed to further restoration of the fees payable to legal professionals. We welcome that assurance. We sincerely hope that this longstanding lack of equity will be addressed by means of the full restoration of the FEMPI era cuts that remain in place and the restoration of the link between legal aid fees and public sector pay. 

We also welcome the recommendation for collaboration with the Law Society of Ireland and others, to ensure that barristers are paid in a timely manner, as this has been an ongoing issue for our wider membership. As any self-employed person will appreciate, where fees are routinely not easily forthcoming for work undertaken, this can cause a real strain and act as a disincentive for those considering a career at the Bar,” he said. 

Supporting greater equality, diversity, and inclusion in our profession is a priority for the Council of the Bar of Ireland.  We are particularly heartened to see the acknowledgment by the LSRA of our Equitable Briefing Initiative and our Equality Action Plan.  The range of initiatives already in train under this Plan recognise the importance of building a working environment where everyone feels welcomed, and creating the optimum conditions for equal participation of all. 

Over the course of this coming legal year, we look forward as a Council and profession to studying in greater detail the recommendations of the Breaking Down Barriers Report, and continuing to engage with all who wish to improve the quality of the administration of justice in Ireland.

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