Criminal barristers in Ireland are set to strike next month due to a lack of progress on pay restoration, the Council of the Bar of Ireland announced.
The Council recommended that its criminal law practitioner members withdraw services on Tuesday, 9 July, Monday, 15 July, and Wednesday, 24 July.
The Council will formally notify the Government of the planned industrial action today. This move marks an escalation from the “unprecedented action” taken by barristers last October, when they held their first-ever strike, demanding the restoration of cuts to criminal legal aid funding.
According to the Bar of Ireland, fees paid by the State to criminal barristers were over 40% below 2002 levels in real terms following cuts during the recession. Despite a 2018 Government-commissioned review acknowledging that reversing the cuts was justified due to reforms and flexibilities delivered by the profession, little has changed.
In Budget 2024, the Government announced a 10% restoration of fees. However, the Bar of Ireland pointed out that the full range of cuts from the Financial Emergency Measures in the Public Interest (FEMPI) era still applies, and the 2008 break in linking barristers’ fees to public sector pay agreements has not been restored.
The Government also committed to reviewing the structure and level of fees paid to criminal barristers when announcing the Budget. Still, this process has not yet begun, causing growing frustration among practitioners.
The Council consulted with members over the past weeks, culminating in a General Meeting on Monday, where the “overwhelming view” was to recommend further action until the issue is resolved. Sara Phelan SC, Chair of the Council, expressed
disappointment over the delay in the review process proposed by Justice Minister Helen McEntee and reiterated the Council’s willingness to engage with the Government.
Sean Guerin SC, Chair of the Criminal State Bar Committee, emphasised the adverse impact of the pay dispute on the recruitment and retention of barristers, warning of profound consequences for the administration of criminal justice and the public good if the issue remains unaddressed.
