The increase in funding for professional fees for criminal barristers announced by Government today as part of Budget 2024 is an important and necessary step, according to the Council of The Bar of Ireland.
Last Tuesday October 3rd, criminal barristers, on the recommendation of Council of The Bar of Ireland, withdrew their professional services nationwide in protest at the failure of successive Governments to adequately resource the criminal justice system, and specifically in relation to the fees payable to barristers by the Director of Public Prosecutions and under the Criminal Justice (Legal Aid) scheme.
This rare action was recommended by the Council, with regret and as a last resort because fees for criminal barristers are currently below 2002 levels in nominal terms, following a range of cuts applied during the financial emergency. A Government commissioned review in 2018 acknowledged that the reversal of the cuts imposed on barristers following the financial emergency in 2008 was justified given the level of reform and flexibilities delivered by the profession. The lack of any progress on restoration in the intervening period has led to a growing retention crisis at the criminal bar and has been detrimental to frontline advocacy services.
In response to today’s announcement, Sara Phelan SC, Chair of the Council of The Bar of Ireland, said;
All we have been seeking on behalf of our members is that they are treated fairly. The fact is that barristers have been treated differently to other workers in the criminal justice system, and to other workers who are paid by the State, for many years. The allocation announced by Government today represents an unwinding of the 10% cut that was uniquely applied to barristers in 2011. This is a welcome and important first step.
However, even after this 10% is restored, the full range of FEMPI-era cuts that were applied across the public sector, will continue to apply to our profession. For that reason we welcome the announcement to review the structure and level of fees paid to criminal barristers. That process must be independent, meaningful and time limited.
Payment structure and fee rates will require careful consideration to ensure that criminal barristers across all jurisdictions, including the District Court, are treated fairly, and that must include the continued unwinding of the cuts that remain which date from 2009 and 2010, as well as the restoration of the link to public pay agreements which was unilaterally severed by Government in 2008.”
Seán Guerin SC, Char of the Criminal State Bar Committee, said;
Members of the criminal bar withdrew their services last week with profound regret, but
in the belief that doing so was necessary. Practicing criminal law must represent a sustainable career choice if the rights of victims of crime and of those accused of serious crime are to be protected and vindicated. It’s a matter of fundamental importance for our democracy that the rights of those who engage with the criminal justice system are defended by skilled and experienced barristers, and that work deserves fair recompense.Our members have participated fully in the ongoing reform and modernisation of the criminal justice system, and we look forward to engaging with Government on the next necessary steps to secure a sustainable criminal bar.”
Sara Phelan SC concluded; “We want to acknowledge the support we have received across the political spectrum in the last number of months for the reversal of the cuts imposed on our profession, and in particular the support of the Minister for Justice Helen McEntee TD. The Council of The Bar of Ireland will carefully consider the detail to follow from the Department of Justice and the Office of the Director of Public Prosecutions and we look forward to actively engaging with them on these important matters.”
- Read the Department of Justice Budget Statement here
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