Longford based barrister explains why his profession are continuing strike action

Today marks the third day of strike action by barristers nationwide. Longford is one of the courts that the barristers will be picketing.

Barristers working in the criminal area are seeking a restoration of fees paid by the DPP and under the Criminal Justice (Legal Aid Scheme).

Barristers claim that their incomes have dropped by 40% in the past 20 years, while others working in the criminal justice system have had pay cuts restored.

While a 10% restoration of fees was announced in Budget 2023, this represented a cut reversal uniquely applied to criminal barristers in 2011.

Barristers claim that this pay situation is already creating issues in respect of frontline advocacy services, which if not addressed, will undoubtedly have a profound impact on the administration of criminal justice and the public good.

The Bar of Ireland has been making a case to the Government on this matter for six years, with no resolution in sight.

Longford based barrister Niall Flynn explained to the Leader how the issue has been impacting him personally.

“The cost of living has increased. However, our rate of remuneration has remained static. An example of this issue for barristers is that if a case is up for mention at a court sitting and it is adjourned, barristers do not receive remuneration,” he explained.

“The complexity of cases has increased for barristers. In relation to the books of evidence that are served in cases, barristers get the same remuneration regardless of the size of the books that are compiled,” Niall added.

The issue is at an impasse, with the Government not engaging with barristers on the restoration of the pay cuts.

“There has been no pre-budget commitment from the Government. This is despite two senior ministers stating that there was no rationale as to why the cuts could not be restored. Government is asking us to sit tight,” Niall explained.

“There may be further action taken by barristers,” he added.

Niall feels that the fact that restoring barrister’s fee levels is not a popular cause may not be helping their case at Government level.

“Barristers are not a popular sector in terms of public opinion. In reality, there are very few barristers that are wealthy. However, in the UK, barristers went on strike a few years ago. Their strike was militant and in the end, they had strong support from the public,” he stated.

Niall began working as a barrister in 2010. He accepts that he was fortunate in the early stages of his career in terms of getting work.

“I got work in the first five years after I qualified from some local solicitors. However, I knew friends I was in college with who were getting better paid in places such as New York. In 2010, I was sharing a three bed apartment in Dublin which cost €1,050. That same apartment would now cost around €2,500,” he stated.

Two out of three young barristers are leaving the profession, according to Niall. “Of those who leave, a lot of them become solicitors. The criminal bar is not as attractive to work in as the civil bar,” he stated.