Criminal barristers to protest in Waterford
Following a Council of The Bar of Ireland recommendation, criminal barristers around the country, including Waterford, will withdraw their services this Tuesday, July 9, in the first of three days of withdrawal this month.
Protests will take place at 16 courthouses nationwide where criminal cases were due to be heard, including Waterford City; Dublin; Ennis, Co Clare; Washington Street, Cork; Tralee, Co Kerry; Naas, Co Kildare; Kilkenny City; Limerick City; Castlebar, Co Mayo; Longford town; Trim, Co Meath; Sligo town; Clonmel, Co Tipperary; Bray, Co Wicklow; and Wexford town.
This is an escalation on the unprecedented action taken by criminal barristers on October 3, 2023, with the aim of seeking "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.
Following the first withdrawal on October 3, 2023, a 10% restoration was subsequently announced in Budget 2024 on October 10, 2023. However, even after this 10% was restored, the full range of FEMPI-era cuts that were applied across the public sector, continue to apply to the profession, and the unilateral breaking of the link (in 2008) to public sector pay agreements has yet to be restored.
This is despite a Government-commissioned review in 2018, acknowledging that the reversal of the cuts was justified given the level of reform and flexibilities delivered by the profession.
“It is with regret that we have recommended to criminal practitioners that they withdraw service again. No barrister wishes to be in this position, but we have been left with no choice," said Sara Phelan SC, Chair of the Council of The Bar of Ireland.
She continued, "The Government has just reported on the complete unwinding of FEMPI legislation this month, yet FEMPI-era cuts still apply to our profession. This is despite the fact that the role of criminal barristers has evolved significantly in that time frame, and we have at all times delivered on the required reforms and flexibilities.
"Yet, barristers continue to be treated differently to others in the criminal justice system and indeed to society at large. All we are seeking is fairness, and for appropriate investment in the criminal justice system.
"A failure to so invest will result in continued attrition at the criminal bar, which will in turn add to the delays already being experienced by members of the public involved in the criminal justice system – these delays can often be very difficult, in particular for victims of crime and accused persons, all of whom are seeking to have their rights vindicated. The ball is in the Government’s court now," said Ms Phelan.
