Barrister pay row resolution too little too late, says Ó Ríordáin

Labour TD Aodhán Ó Ríordáin accused Minister for Justice Helen McEntee of failing the issue of pay for criminal barristers prior to the Budget.

Barristers across Ireland recently staged a one-day work stoppage across Ireland in protest at working conditions and their pay remaining the same for over 20 years.

McEntee said she “fully recognises the important role played by barristers and solicitors in the administration of criminal justice” and pointed to a 10% increase in fees to barristers and solicitors being part of last week’s Budget.

She also said that the 10% rise was a “starting point in a much wider process.” 

Ó Ríordáin replied “if the Minster had said to the Bar Council two weeks ago what she has just said to me, its day of action would not have occurred.”

“It is not good enough. The Minister could have prevented the action from taking place” and cited a report from July 2018, where Office of the Director of Public Prosecutions stated that reversing the cuts made to barrister pay during the last economic downturn was a barrier to the legal system.

The Labour spokesperson on Justice noted that in September 2008, there was a non-payment of the 2.5% increase per the public service pay agreement; an 8% reduction in the fees in March 2009, a further 8% reduction April 2010, and a 10% cut in in October 2011.

“They are the only people standing in a courtroom whose fees have not been restored,” he said.

“The point is that this was well flagged five years ago, flagged on 12 July and still took place on 3 October, causing untold disruption to our court services on that day and the delaying of very serious court cases.”

“We know about a sexual assault case that could not go ahead last May because of the lack of a senior counsel; this was flagged. This should have been communicated to the Bar Council. We did not need to have that day of action,” he stated.

The Minister agreed that the issue “has been going on for too long,” but said she could not reveal Budget details prior to the publication of the document. 

“What I can do, and certainly did do in this instance, was to reassure people, insofar as I possibly could, that this was a priority and something I was working on and that I was actively engaged on with my colleague in the Department of Public Expenditure, National Development Plan Delivery and Reform. He made it clear that he supported and wanted to work with barristers and solicitors working in the criminal legal aid profession.”

McEntee said “it is important that young, new barristers and solicitors take this path. I know this has been a disincentive for many people, which is why it is just not about the restoration of fees but also making sure the structure is correct”

“When one looks at the overall figures, a higher percentage of those engaging in criminal legal aid cases probably take in less than €50,000. I acknowledge that this has been an ongoing problem, which is why I am pleased that we have made progress.”

In recent weeks, Ó Ríordáin accused Fine Gael of letting the justice system in Ireland collapse under its watch, which An Taoiseach Leo Varadkar refuted.

“I do not think the criminal justice system is collapsing. This is a one-day withdrawal of labour. Barristers are protesting and they have every right to protest. We live in a democracy. I can understand the case they are making,” Varadkar said at the time.

“Just like public servants and the vast majority of people across the public and private sector, they have seen their pay and fees restored but that has to be done by negotiation.”