LEGAL eagles in Limerick will be joining their colleagues across the country this morning (Tuesday July 9) in a series of nationwide protests to call for an “independent, meaningful, time-limited, and binding mechanism” to determine fees paid to criminal barristers.
Criminal barristers locally are to join colleagues in picketing outside 16 Irish courthouses this morning, including the Mulgrave Street court complex in Limerick City – where criminal cases were due to be heard – in a withdrawal of service.
The demonstrations come following a recommendation from The Council of The Bar of Ireland last month, which represents around 2,150 practicing barristers nationwide, and will be the first of three service withdrawal days across July.
A statement on behalf of protesting barristers from The Bar of Ireland said that 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.”
The nationwide protest day comes as an escalation after action taken by criminal barristers last October 3, which led to a 10 per cent pay restoration subsequently announced in Budget 2024 the following week.
“However, even after this 10 per cent was restored, the full range of FEMPI-era cuts that were applied across the public sector continue to apply to the profession, and the unilateral breaking of the link (in 2008) to public sector pay agreements has yet to be restored,” a statement on behalf of The Bar of Ireland said.
“This is despite a government-commissioned review in 2018 acknowledging that the reversal of the cuts was justified given the level of reform and flexibilities delivered by the profession.”
Protesters in Limerick will be joined across the country by barristers taking to the picket lines for withdrawals of service in Dublin, Clare, Cork, Kerry, Kildare, Kilkenny, Mayo, Longford, Meath, Tipperary, Sligo, Wicklow, Waterford, and Wexford.
Speaking ahead of the protests, Sara Phelan SC, chair of the Council of The Bar of Ireland, said that “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.”
Ms Phelan said that “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.”
Adding that delays in cases coming before the courts “can often be very difficult, in particular for victims of crime and accused persons”, Ms Phelan said that “the ball is in the government’s court now.”
Two further days of service withdrawals will take place on July 15 and 24.
