Clare criminal barristers will today withdraw service, in the third of three nationwide days of withdrawal this legal term.
Protests will take place at 11 courthouses around the country, including Ennis Co. Clare, the Four Courts in Dublin, Carlow Town, Washington St Cork, Buncrana Co Donegal, Naas Co Kildare, Kilkenny City, Merchant’s Quay Limerick, Longford Town, Sligo Town and Clonmel Co Tipperary.
Following a series of correspondence with An Taoiseach, Simon Harris TD and Minister for Justice, Helen McEntee TD, in addition to Department of Justice officials, the situation remains at an impasse.
The Council of The Bar of Ireland recommended the withdrawal of service to members in response to a continued lack of progress on the restoration of fees imposed in the FEMPI-era. This three days in July is an escalation on the previous one day of withdrawal which took place on October 3rd, 2023.
Shortly after that unprecedented day of withdrawal last October, a partial restoration of 10% of fees was confirmed in Budget 2024. However, even after this 10% was restored, the full range of FEMPI-era cuts that were applied across the public sector, continue to apply to the profession, and the unilateral breaking of the link (in 2008) to public sector pay agreements has yet to be restored.
While members of Government and the Opposition have signalled support for fee restoration, no commitment has been forthcoming regarding a timeline, despite a Government report as far back as 2018 stating that fee restoration was justified, given the reforms and flexibilities provided by profession.
The Council of The Bar of Ireland reiterated its regret with respect to the withdrawal, and its disappointment at the lack of Government action or engagement on the issue.
Chair of The Council of The Bar of Ireland, Sara Phelan SC said; “The issue continues to be an orphan, and there’s a leadership vacuum in Government. Communications from An Taoiseach, and from Minister McEntee have done little to progress our request for an independent review. Our members feel frustrated and let down, and once more are obliged to come out on the steps of courthouses to make their point.
“Despite repeated requests for meaningful engagement on this matter, no government minister has met us to discuss our request. We are being told that we must ‘wait until Budget Day’ – yet there is no rational reason for this when public sector pay agreements have been committed to ahead of Budget Day, with a view to then being implemented in the Budget. There is no reason why a similar commitment cannot be given to criminal practitioners.
Withdrawal of services, whether this term or at any other time, could be avoided if Government had considered the matter worthy of its timely attention. We sincerely hope that this lack of engagement will be rectified with an appropriate and full response, dealing with all outstanding issues, in Budget 2025 in October,” she said.
Chair of the Criminal State Bar Committee and incoming Chair of the Council of The Bar of Ireland, Seán Guern SC said; “We deeply regret being forced once more to cause further disruption with this third day of withdrawal of service. We are at a loss as to why our profession is being left to endure FEMPI-era cuts, while every other category of worker who provides services to the State has had their reductions unwound; particularly when the Minister for Justice, Helen McEntee TD, has said there is ‘no good reason’ for us to be treated in this way.”
This is the third day of protest of this term, and the second series of withdrawals, and the question remains as to whether further action may be compelled due to Government inaction on what is a reasonable request.