Criminal barristers in Northern Ireland have initiated an indefinite strike starting Monday, demanding urgent action to address what they describe as a “crisis” in the justice system. This decision follows a long-standing dispute with Stormont’s Department of Justice regarding inadequate crown court fees, which have not been revised since 2005.
Chairman of the Bar Council of Northern Ireland, Donal Lunny KC, stated that barristers will not resume work on legally aided crown court cases until the department demonstrates the necessary pragmatism and urgency to resolve the issue. In a previous strike last year, barristers had already withdrawn from some legal aid-funded cases, and this escalation will see them refrain from participating in any current crown court cases.
A significant majority of barristers have voiced their support for this action, with 89% of the 193 members of the Criminal Bar Association (CBA) voting in favor of a complete withdrawal of services. The CBA highlighted that the fees for legally aided criminal work have deteriorated to just 50% of their original value over the last 18 years. In response, the Justice Minister, Naomi Long, has proposed a 16% increase in fee rates.
Acknowledging the difficulties faced by the Department of Justice due to funding cuts, Lunny emphasized that a relatively small amount of money is needed to resolve this longstanding issue. He pointed out that a recent data breach case involving the Police Service of Northern Ireland (PSNI) could cost the department around £119 million, an amount comparable to the annual budget for legal aid.
Lunny warned that if the current situation remains unresolved, Northern Ireland’s criminal justice system could face similar backlogs seen in England and Wales, where a review by Sir Brian Leveson revealed up to 80,000 cases pending, with new trials listed as late as 2030.
He noted, “The strike is a red herring. The real crisis is that barristers and solicitor firms aren’t doing criminal work because the legal aid rates are so poor.” Concerns have been raised about the future of young barristers in Northern Ireland, whom Lunny mentioned are increasingly uninterested in crown court work due to low pay, leading to a diminishing number of practitioners available for this vital area of law.
The family of Natalie McNally, who was murdered in 2022, expressed their distress over potential delays in her trial due to the strike, describing it as a “kick in the teeth.” Lunny acknowledged that the strike would have significant repercussions, not only for victims but also for accused persons, witnesses, and jurors.
Lunny remarked that the decision to strike was not taken lightly and was a last resort after exhausting all other options. He criticized the department for failing to show urgency in addressing the crisis that extends beyond the strike itself.
In response to the industrial action, Minister Long accused barristers of seeking to exacerbate trauma for victims, stating that she lacks confidence in the CBA’s commitment to meaningful engagement. Lunny countered that the CBA had accepted an invitation from Dame Siobhan Keegan, Lady Chief Justice of Northern Ireland, to engage with a specialist mediator, a proposal that the department declined.
Long expressed her profound disappointment and frustration regarding the strike, labelling it as unjustifiable. She highlighted that the CBA had previously agreed to a roadmap for resolving the issues at hand but promptly moved to strike just days later.
As the situation unfolds, both barristers and the Department of Justice are at a critical juncture. The potential for resolution hinges on whether the department will demonstrate the necessary commitment to reform the legal aid system and address the urgent needs of the criminal justice sector.
