Criminal barristers withdraw services for third time in call for pay restoration

Criminal barristers across the country have withdrawn their services in the final three days of action to call for their pay to be restored to pre-financial crash levels.

A senior counsel has said further action is inevitable if their pay is not fully restored in the next Budget.

Barristers first withdrew their services last October, which led to a restoration of 10% of their fees in Budget 2024.

They also withdrew their services earlier this month, arguing that their pay has not been fully restored following cuts made during the crash.

Protests were held at various courthouses around the country on Wednesday, including the Four Courts in Dublin.

The Bar of Ireland said it has written to the Taoiseach, Justice Minister and Department officials, and held three meetings in recent weeks about pay restoration.

Despite political support for the criminal barristers’ calls, there has been no indication that the measure will be introduced in the Budget on October 1.

Sean Guerin SC, chairman of the Criminal State Bar Committee and incoming chairman of the Council of the Bar of Ireland, said barristers are “incredibly frustrated” that their pay has not yet been fully restored.

“We know that we’re losing members and have been for some time now,” he said.

An estimated two-thirds of barristers will leave criminal practice within six years, moving either to other professions or other legal disciplines.

Mr Guerin said barristers have taken on additional training, implemented special measures for how vulnerable witnesses including children are treated in court, and engaged in preliminary trial hearings in order to save court time for witnesses.

That co-operation with implementing reforms was a condition for pay restoration, Mr Guerin said, adding that there has never been a suggestion that they have not been met.

“There is an incredible sense of frustration that, while really important changes are being implemented in the courts system because of barristers’ co-operation, our pay has still not been restored.”

He said that, although there is political support for pay restoration, “we need political action to back the political support that is there”.

“The minister (for Justice Helen McEntee) said there is no good reason for pay restoration not to take place.”

Mr Guerin added that, although the Bar of Ireland has not decided on further action, it “reflects the frustration of our members” that if their pay is not restored this October “further action will undoubtedly take place”.

“We take the view that there is no reason why the Government can’t address this issue now,” he said.

“The minister did indicate when the 10% partial restoration last October was implemented that a process of engagement with the professions will take place.

“We wrote to the minister with a proposal for a process and independent chair to address issues, and there was no engagement by the Department of Justice until late June of this year.

“We have had a series of meetings in the last few weeks and we will continue to engage with the Department.”