A CLARE barrister, who along with other colleagues at Ennis Courthouse, joined in a series of nationwide protests has said the “ball is in the government’s court” when it comes to finding a resolution to the dispute.
Tuesday’s action was the first of three days of withdrawal of services planned for this month with the Ennis Courthouse protest one of 16 taking place nationwide following a recommendation from the Council of The Bar of Ireland last month.
This is an escalation on the unprecedented action taken by criminal barristers all over the country on October 3 last, with the campaigners saying they are “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”.
They are calling for a reversal of pay cuts introduced under the Financial Emergency Measures in the Public Interest Act (FEMPI) in 2009.
According to the Council of the Bar of Ireland, even after 10% was restored in Budget 2024, the full range of FEMPI-era cuts applied across the public sector continue to apply to the profession, despite a Government commissioned review in 2018 acknowledging the reversal was justified given the level of reform and flexibilities delivered by the profession.
Speaking to The Clare Champion Barrister Lorcan Connolly from Ennis explained the action is being taken in a bid to achieve pay restoration for the sector, saying they endured a 40% pay cut on 2002 levels prior to the 10% restoration.
Mr Connolly BL said, “The cuts that were imposed as part of the financial emergencies were applied across the board, but they have been unwound across the board except for those involved in the provision of public service, either prosecuting in the criminal courts or defending in the criminal courts.”
He said, “It’s a fight for restoration so the persons who provide legal services to the state are treated fairly and independently”.
He added that a major concern for the profession is the “haemorrhaging” of members in their first six years according to research undertaken by the Council of The Bar of Ireland.
“Six out of 10 leave criminal practice in the first six years, which is pretty much unheard of in any other profession,” he said adding this is “undoubtedly” attributable to the cuts in fees. “It’s simply for young barristers in criminal legal aid, it is not possible to make an income.”
Barristers do not want to have to take this stance, however they were left with no choice he said. “The Courthouse in Ennis, I think, was built in 1850. Here we are in 2024 and to see the bar having to withdraw their services pretty much for the first time in all those years, says how deeply we feel about about the situation. There were jury trials supposed to start and they were advised not to attend, that is a day lost. It is an inconvenience to them, a delay in the administration of justice. This is not something we want to be involved in”.
He pointed out the role of barristers has evolved in recent years. “We have moved with the times. There is a lot more liaison with the victims of crime, and I see that as prosecutor here in the county, the European Victims Directive and all the new measures brought in to protect vulnerable witnesses.
“Barristers have co-operated with all those measures which have worked to make the court process easier for victims in their fight for justice, and at the same time, the government doesn’t seem to acknowledge that.
“Cases have got more technical and involve a lot more technology. Now in 2024 most cases involve phone evidence, CCTV, internet search evidence, Facebook, Snapchat and all of that.
“It is extremely technical, time consuming, yet both prosecutors and defenders are expected to work to 2002 levels not withstanding the advances in technology and the vast workload that that brings.”
Further action is planned for Monday July 15, and Wednesday July 24 with Mr Connolly saying, “The ball is in the government’s court”.
Protests also took place this week at courthouses in Dublin; 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; Waterford City; Wexford town.
Sara Phelan SC, Chair of the Council of The Bar of Ireland said, “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. The Government has just reported on the complete unwinding of FEMPI legislation this month, yet FEMPI-era cuts still apply to our profession.”
She continued, “All we are seeking is fairness, and for appropriate investment in the criminal justice system.”