The Council of The Bar of Ireland has recommended a one-day strike by criminal barristers who are seeking an increase in fees under the legal-aid scheme.

The action has been scheduled for Tuesday 3 October.

The dispute is over the fees paid to barristers by the Director of Public Prosecutions, and under the Criminal Justice (Legal Aid) scheme.

These were cut in the wake of the financial crisis in 2008, and criminal barristers argue that they have suffered a pay cut, in real terms, of more than 40% in the last 20 years.

Reforms

The council said that fees payable to criminal barristers remained at 2002 levels, “despite the ongoing delivery of efficiencies and reforms by the profession”.

Barristers are seeking what they describe as a “meaningful, independent and time-limited mechanism” to determine the fees that barristers should receive under the scheme.

The Bar of Ireland said that it had engaged with consecutive Governments on the issue, but that no progress had been made “despite barristers delivering at least the same level of reform and flexibility delivered by other professional groups for whom cuts have been reversed”.

After engagement with its members over the last number of months, the council has now formally written to the Government to notify it of its recommendation to members.

‘Lost confidence’

Sara Phelan SC (Chair of the Council of The Bar of Ireland) said that barristers were being treated differently to other members of the criminal-justice system, and to society at large.

“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.”

She added that, ahead of the one-day action, the organisation remained available to engage with the Government on the issue.

Last month, the Minister for Justice told barristers that she would be discussing the issue of criminal legal-aid fees with the Minister for Public Expenditure and Reform ahead of the budget.

“I see no good reason why those in the legal profession are left waiting for crisis-era reductions to be restored, while public and civil servants have had their pay restored,” Helen McEntee told the Bar Council of Ireland.