Barristers set to strike over level of fees paid

Barristers look set to strike in October over the level of fees they are paid, which they say remain at levels from over 20 years ago.

The Council of The Bar of Ireland has recommended withdrawal of services to its members who are criminal law practitioners. This action is being taken in pursuit of a "meaningful, independent and time-limited mechanism to determine the fees payable to barristers by the Director of Public Prosecutions and under the Criminal Justice (Legal Aid) scheme". 

Following engagement with its members over the last number of months, the Council of The Bar of Ireland has now formally written to the Government to notify it of its recommendation to members, to implement an initial one-day withdrawal of services on Tuesday October 3rd 2023.  

A statement from the Bar of Ireland said: "Fees payable to criminal barristers remain at 2002 levels, despite the ongoing delivery of efficiencies and reforms by the profession".

Barristers have suffered a pay cut in real terms of more than 40% over the past twenty years, the Bar of Ireland says, while every other sector working in the criminal justice system has seen pay restoration implemented.

It says this is despite a range of additional reforms and changed practices being delivered by barristers.

"As a direct consequence of the failure to restore fee cuts, a career choice for recently qualified junior barristers in crime has become unattractive when compared to opportunities in other areas of law. Two-thirds of criminal barristers leave practice after just six years at the Criminal Bar, due to the remuneration and conditions that currently exist in criminal practice. Retention rates drop to less than a third of those who set out to pursue a career in criminal law.

"This is already creating issues in respect of frontline advocacy services, which if not addressed, will undoubtedly have a profound impact on the administration of criminal justice and the public good," the Bar of Ireland statement said.

Chair of the Council of The Bar of Ireland Sara Phelan SC said: "Barristers are being treated differently to other members of the criminal justice system and indeed to society at large. Despite delivering a range of changed work practices and reforms that have delivered significant efficiencies for the criminal justice system, the Government has refused to recognise this by means of fee restoration.

"We have been attempting to engage with Government on this matter for seven years now and, having exhausted every avenue available to us, we have now lost confidence in Government’s commitment to the preservation of the highest standards in the administration of justice and in the existing mechanism for determining the fees payable to barristers practising criminal law.

"It is with regret that we are confirming our recommendation to members to withdraw services– but we have been left with no choice.  This is not an action the Council or the members of the Law Library take lightly, as we are acutely aware of the impact on everyone involved in the criminal justice system.

"We have notified Government of the intended action, and, in the meantime, we remain available to actively engage with them on these important matters," Ms Phelan said.