Criminal Barristers urge DoJ to properly address payment delays forcing strike action

Today, criminal barristers across Northern Ireland are staging an initial day of strike action across all Criminal Courts for the first time.

Following a vote of the Criminal Bar Association, more than 200 Barristers across the region are withdrawing their services in response to the Department of Justice’s (DoJ) continued practice of payment delays for work completed under the Criminal Legal Aid system.

The strike today is still going ahead despite a last-minute effort by the Department of Justice to deal with the payment delay in the short term.

Criminal Barristers state that this is “a partial and short-term measure, which although welcome, serves only as a temporary sticking plaster which does not achieve the necessary change in Departmental policy and does not fix the structural problems associated with long overdue payments”.

Barristers have stated that they can wait up to six months for payment following the end of a Legal Aid case.

All criminal barristers engaged in both criminal defence and prosecution work will today withdraw their services, meaning they will not attend criminal court for any work or engage in any associated legal administration work, except for emergency matters. This action applies across all the criminal courts, including the Crown Court, Magistrates’ Court, Court of Appeal, High Court and legal representation at extradition hearings and parole hearings.

The Bar Council has highlighted that no other category of service provider in Northern Ireland has been forced to endure such an intolerable policy of payment delays for work that has already been completed. Striking barristers have stated that the Department of Justice is failing in its duty over reasonable payment terms.

Despite repeated attempts to flag potential systems failure to the Permanent Secretary and senior civil servants, striking barristers, have been left with no other option, as critical warnings have not been adequately addressed by the Department of Justice.

Today, barristers across Northern Ireland are calling on the Department of Justice to end its unsustainable policy of payment delays, and pay barristers within a reasonable timeframe. Chair of the Bar Council, Moira Smyth KC, said today: “The Bar Council has, for many months, been exhaustively exploring every other possible measure and has consistently called for urgent action from the Department of Justice to avoid any withdrawal of service taking place. Sadly, our warnings that Access to Justice is reaching a tipping point have now been realised.”

“The Department needs to do more than merely recognise the validity of our arguments. They need to be both accountable and responsible for ensuring that they adopt a policy that will see payments for work done made within a reasonable timeframe. The lack of a Justice Minister is no excuse for this worsening issue. No other jurisdiction across the UK and Ireland has chosen to address Legal Aid budget pressures by financially punishing the lawyers who provide a crucial public service.”

“This untenable budget management policy of the DoJ places the very future of publicly funded legal services at risk and weakens access to justice. The Bar Council is prepared to challenge the generational harm that will inevitably be inflicted upon our
justice system.”

One of the Criminal Barristers who will go on strike, Thomas Thibodeau, said:

“Legal Aid is at the heart of the justice system, with studies showing that there are social and economic benefits to come from increased public investment in Legal Aid. The now intolerable payment delays risk turning away many more of our colleagues from representing the most vulnerable citizens in society facing the most challenging of circumstances.”

Another Criminal Barrister on strike, Taryn Graham, added:

“As independent, self-employed practitioners these payment delays place us in a wholly unprecedented position. The financial challenges being faced are hitting younger and female lawyers the hardest.”

“Today’s initial strike action has not been taken lightly. It is a regrettable but necessary measure to preserve the viability of legal aid as a vital demand-led public service that embodies the core of access to justice.”

Media Contact

Sinead McIvor – 07701 302 498