Criminal barristers and solicitors withdraw services in Mayo courts

Criminal barristers and solicitors in Mayo withdrew their services this morning as part of a nationwide campaign for fee restoration for criminal barristers.

A picket took place on the steps of Castlebar courthouse this morning as barristers in the county stepped up their campaign for the restoration of criminal legal aid fees. The withdrawal of services resulted in a cancellation of criminal business in Castlebar Circuit Criminal Court while Ballina District Court was also cancelled because solicitors also withdrew their services in solidarity with their legal colleagues.

The gathering in front of the courthouse in Castlebar was replicated in front of courthouses in Ennis, Cork, Tralee, Naas, Kilkenny, Limerick, Longford, Trim, Sligo, Clonmel, Bray, Waterford and Wexford.

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.

Speaking on the steps of Castlebar courthouse this morning, Mayo-based barrister, Diarmuid Connolly told The Mayo News that criminal barristers are looking for a restoration of the fees to the level it was in 2011.

“We were led to believe that the matter would be resolved but results have not been delivered and in the absence of that we are left with no choice but to do this.

“We are the only group paid out of the public purse which hasn't had the cuts which came at the time of the financial crash restored. The Minister for Justice and various groups wanted efficiencies from the Bar which we have done and it has been said there is no reason why the cuts can't be restored.

“We don't understand why the Minister cannot give a commitment that this money can't be restored to us. What we are hoping to achieve is not a pay rise but a restoration of fee levels that pertained in 2011. No other worker would accept 2011 pay rates in 2024.

“All barristers are withdrawing their services today and I am really appreciative of the solicitors in Co Mayo who have refused to participate in the district court in Ballina and withdrawn their services in support. That is hugely appreciative and a sign of things to come,” he said.

The Bar Council of Ireland stated that last October'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.

They claim that two thirds of criminal barristers leave after just six years and Mr Connolly said that it is important that people who embark on a career in criminal law know they are remunerated for it.

“There are some well paid barristers but there are some earning €27 a day for a court application and the perception is all lawyers are making vast sums of money for little or no effort and that simply is not the case.

“If you can make better money doing another type of work or get a job in the civil service or something like that it is very tempting when we only get paid for the days we work. It is very difficult to get a mortgage if you don't have a fixed income and the way things are at the moment the income we are getting is so down on what it should be that new barristers are struggling.

“It is okay for the barristers who are well established but less than half the Bar specialising in crime are earning the industrial wage. Bear in mind to be a qualified barrister you have to have at least two degrees so a lot of time, energy and effort and money goes into training barristers and that has to be recouped over your working life,” he said.