Criminal Barristers in Northern Ireland to Strike Indefinitely Over Justice System Crisis

Donal Lunny KC, chairman of the Bar Council of Northern Ireland, announced that barristers will not resume work on legally aided crown court cases until the Department of Justice shows the necessary pragmatism and urgency to address crown court fees.

Last year, counsel in the region withdrew their services in some legal aid-funded cases due to a long-standing dispute with Stormont’s Department of Justice. Starting Monday, barristers plan to escalate their actions by not participating in any current cases before the crown courts.

Of the 193 members of the Criminal Bar Association (CBA) who voted on the proposal, 89% supported a full withdrawal of services. Justice Minister Naomi Long has committed to increasing their fee rates by 16%.

The CBA stated that fees for legally aided criminal work have not been raised since 2005, making them worth only 50% of their original value. Lunny acknowledged that Long faces challenges due to funding cuts but emphasized that a relatively small amount of money is needed to resolve this issue.

He pointed out that the cost of a data breach compensation claim from PSNI officers is estimated at £119 million, which is comparable to the annual budget for legal aid.

Sir Brian Leveson’s review of criminal courts in England and Wales revealed a backlog of up to 80,000 cases, with new trials scheduled as far out as 2030. Lunny warned that Northern Ireland’s criminal justice system could face a similar fate if the issues are not addressed.

He stated, “The strike is a red herring. The real crisis is that barristers and solicitors aren’t doing criminal work because the legal aid rates are so poor.” He added that young barristers in Northern Ireland are not interested in crown court work due to low pay, leading to an aging group of barristers handling such cases.

The family of Natalie McNally, who was murdered in 2022, expressed concern over potential delays in her trial, calling it a “kick in the teeth.” Lunny acknowledged the strike’s impact on victims, accused persons, witnesses, and jurors, stating that it was a last resort.

He said, “The department must show urgency in tackling this crisis.” When the industrial action was announced, Long accused barristers of trying to “leverage further trauma and stress on victims” and expressed doubt about the CBA’s commitment to meaningful engagement.

Lunny mentioned that Northern Ireland’s Lady Chief Justice Dame Siobhan Keegan suggested mediation between the CBA and the department, which the barristers accepted, but the department declined. He expressed willingness to mediate if the department changes its stance.

Long expressed disappointment over the industrial action, calling it “not justifiable or necessary.” She noted that the Bar had agreed to a roadmap as part of a working group led by His Honour Judge Tom Burgess, which aimed to address the CBA’s concerns. However, shortly after, the CBA announced a complete withdrawal of services.

Long emphasized that without developing evidence, there can be no basis for determining proper remuneration and that any mediation would likely lead to the same outcome as the current process. She stated that her department would continue to engage constructively with those serious about bringing about change.