Criminal barristers in Northern Ireland on strike in dispute over legal aid fees

Criminal barristers in Northern Ireland have gone on strike as part of a dispute over the payment of legal aid fees.

They've voted to not take on any new Category A Crown Court cases, which include those of murder and manslaughter.

Barristers will also refuse instructions in any retrials as a result of hung juries or appeals.

A protest took place outside the Royal Courts of Justice on Monday morning.

Chairman of the Bar Council of Northern Ireland Donal Lunny KC, said he and his colleagues regard strike action as a last resort.

“The Bar Council has, for many months, been exploring every possible alternative measure and has consistently called for urgent action from the Department of Justice to avoid any withdrawal of service taking place,” he said.

“This is now a grave situation where we have been forced to highlight publicly that the current system is wholly unsustainable due to a lack of funding, engagement, and action, from the Department of Justice.

“Barristers are independent, self-employed practitioners, many of whom are not just struggling but are at breaking point. Our consistent warnings to the department have gone unheeded, and the foreseeable result is a serious access to justice crisis.”

He added: “Today’s initial strike action has not been taken lightly, it is very much a last resort.

“It is a regrettable but necessary measure to preserve the viability of the system of Criminal Legal Aid as a vital public service.

“Criminal cases are becoming increasingly complex, court delays are at chronic proportions despite criminal barristers working at 130% capacity, Crown Court fees have not been increased in almost 20 years and barristers are forced to wait three to four months to be paid.

“We understand the concern this will cause to victims and those seeking justice in relation to serious crimes.

“However, victims should be in no doubt that it is the department’s prolonged inaction that has brought us to today’s crisis.

“An effective, properly funded criminal justice system is as important, if not more important, to victims as it is to everyone else involved in that system.

“Our asks are modest and achievable – the department must immediately publish the Independent Review of Criminal Legal Aid, which they have been withholding since August, provide a fair interim uplift in fees, and work with urgency and purpose to address substantively the long-standing problems of unfair remuneration and payment delay to preserve the viability of our system of Criminal Legal Aid and ensure access to justice for all.”

In a statement to the Assembly on Monday afternoon, Justice Minister Naomi Long said the action by criminal practitioners “reflects frustrations with the system”, adding that she “shares those frustrations”, describing her department as “consistently underfunded”.

She told MLAs she has undertaken a detailed assessment of how resources are currently used and of reform opportunities, and will update the Assembly on that in the coming weeks.

“Pressure on the system is at an all-time high and increasing," said Ms Long.

“In 2023/24 the Legal Services Agency paid out approximately £114m to legal professionals, the highest level in the history of legal aid.

“In the interests of ensuring we are delivering the best possible outcomes there is a need to look critically at that investment, to examine why pressures and spend are increasing, to review benefits, to assess whether intended effects are being achieved and whether different delivery models might generate better, quicker outcomes.”

The minister said she has undertaken a detailed assessment of how resources are currently used and of reform opportunities.

“I am pleased to report that process is coming to an end, and I expect to update the Assembly on the detail of my reform programme in coming weeks,” she said.

She added: “I trust those taking industrial action today will reflect on the impact.

“They say the system is broken, but they are aware I am working hard to progress reform and deliver a more effective efficient system for those we are here to serve.

“Precipitous action which distracts from that work does nothing for vulnerable people and does nothing to address the challenges to the system.

“My focus has and will continue to be constructive action to drive constructive change to ensure the system is accessible and fairer, more proportionate and responsive.”

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