Barristers begin January boycott of Crown Court legal-aid cases

Members of the Criminal Bar Association (CBA) are calling for an increase to defence legal aid fees which, they say, have lagged far below inflation over the past two decades.

In a statement on Monday, January 6, CBA Chair Mary Prior King’s Counsel (KC), said: “The Northern Irish Bar, led by Gavan Duffy KC, are refusing to undertake any legally aided Crown Court cases in Northern Ireland for the whole of January.

"After that they will return to work but will continue to refuse to accept instructions on murder and manslaughter cases. They will also refuse to accept instructions in multi-complainant sexual offences. We send them our support and friendship.”

Donal Lunny KC, Chair of the Bar Council, commented on the CBA action: “The withdrawal of services on the part of the CBA is regrettable, but the Department of Justice’s approach in reviewing the operation of our system of Criminal Legal Aid has made it inevitable.

“Fees for legally aided criminal work have not been increased since 2005 and are worth just 50 per cent of their original value. Additionally, barristers are subject to crippling payment delays, under a policy imposed by the DoJ on the basis of balancing its budget.

“Criminal barristers have indicated that the levels of remuneration in the most serious and complex of cases do not allow Counsel to provide the expert advocacy that these cases demand and that the public deserves.

"These cases are the most serious in the legal order. The consequences of conviction are gravely serious, and the factual and legal issues involved are vastly complex. These cases are not funded to a level which allows for proper representation at present.”

Justice Minister Naomi Long said she remained ‘disappointed’ in the action being taken by the CBA which, she said, will ‘impact most acutely on the victims and witnesses who are waiting to give evidence and receive justice’.

"The uncertainty caused by the withdrawal of services will only add further to the stress and anxiety they may already be experiencing.

“This action will also add to existing pressures on the system and exacerbate the delays that my department and justice system partners have been striving to address.

“My department has been proactively engaging with justice system colleagues to try and minimise the impact of the withdrawal of services and ensure those victims and witnesses who are affected are supported and will continue to do so if CBA action continues.

"I hope the association will take cognisance of the impact of their action and of efforts which they are aware are being made to improve the system for citizens and ensure fair proportionate remuneration.

“The CBA are aware that I am committed to continuing regular engagement with the Bar and the CBA to progress reform and to resolve the withdrawal of services.

"This includes delivering a significant uplift in fees. However, there is a process to go through, not least in terms of delivering legislation and we need time to do this.

“Industrial action will not speed up this process. It will only serve to further impact on the most vulnerable and those that are relying on legal representation,” she said.

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