Barristers in Castlebar courthouse to join nationwide strike

Court proceedings in Castlebar courthouse will stop this morning due to criminal barristers withdrawing their services as part of a campaign for fee restoration.

Protests will take place across 16 courthouses where criminal cases are due to be held, including Castlebar Courthouse, on the first of three planned strike dates in July.

The Bar Council, which previously organised an unprecedented one-day withdrawal of services last October, has called for nationwide action on Tuesday, July 9, Monday, July 15 and Wednesday, July 24.

Last year’s action led to a 10 percent restoration in criminal legal aid fees — but the full range of FEMPI-era cuts that were applied across the public sector, continue to apply to the barristers’ profession and the unilateral breaking in 2008 of the link to public sector pay agreements has yet to be restored.

A government-commissioned review acknowledged as early as 2018 that the reversal of the cuts was justified given the level of reform and flexibilities delivered by the profession.

Gatherings are expected in front of courthouses in Ennis, Cork, Tralee, Naas, Kilkenny, Limerick, Castlebar, Longford, Trim, Sligo, Clonmel, Bray, Waterford and Wexford.

Mayo-based barrister, Diarmuid Connolly told The Mayo News that criminal barristers are simply looking for a restoration of the fee to the level it was in 2011.

“The [Aer Lingus] pilots are going on strike for more money but we are just looking for a restoration of the fees to 2011 level and that is not unreasonable. Nobody would be expected to work for what they were paid in 2011. We have not been listened to so far so we will be undertaking three days of action starting from tomorrow and July 15 and 24. If we are still not listened to we will go back to our members and consider withdrawing our services full time,” he said.

The third week of the sittings of the Castlebar Circuit Criminal Court is due to begin today but trials and sentencings which were due to take place will be rescheduled to a later date.

No impediment

Mr Connolly said that there was no impediment to the fees being restored as the budget is there for it to be done. He said that barristers had been asked of them in negotiations and it is time the Department of Justice played their part.

“Barristers were asked to make things more efficient and we did that. We held up our side of the bargain and we have been let down by the failure to restore fees,” he added.

Sara Phelan SC, chair of the Bar Council, 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. 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,” she said.