Court cases facing disruption next week as barristers prepare to withdraw services

Proceedings of the local district and circuit courts are expected to be significantly disrupted on Tuesday of next week when barristers are expected to withdraw their services in a dispute over pay.

The one-day action will affect Tuesday’s sitting of Trim District Court but will also coincide with the opening of the Michaelmas term of Trim Circuit Court, normally a busy day at the court when a call-over and scheduling of cases takes place.

The barristers are seeking restoration of fees cut during the financial crisis of the last few years – Under Financial Emergency Measures in Public Interests legislation (FEMPI) reductions in public service pay and pensions took place.

Professional fees paid to defence and prosecution barristers practising criminal law on behalf of the State were cut by amounts ranging from 28.5 per cent to 69 per cent over the period from 2008 to 2011.

The Bar Council of Ireland has recommended that the 350 or so barristers who work in criminal cases should go on effective “strike action” on 3rd October.

In protest at the Government’s refusal to increase fees. The council’s leaders have said they had no problem with taking cuts but claim they have been left behind while other sectors in the country have had pay levels restored and increased.

The barristers say that, in real terms, they have suffered cuts of up to 40 per cent. With the Irish courts dealing with over 500,000 cases a year (2021 figures) barristers say the pressure on the courts system is enormous.

In its annual report for that year the Courts Service said that there had been over 531,000 new cases and over 405,000 cases resolved.

It is claimed that despite support for restoration from Justice Minister, Helen McEntee and the Director of Public Prosecutions, the Government and Department of Public Expenditure have not conceded increases.

In May last barristers staged a protest over the fees issue outside courts in this region. The action then was supported by local solicitors. While the disruption was confined mainly to the district court, next week’s action is expected to be more disruptive for victims, witnesses and the accused.

While the action may skate closely to the perimeters of competition law, the Bar Council is confident its action in recommending a withdrawal of services will not breach legislation. Each barrister will have to decide whether he or she wishes to withdraw services, no outright organisation of a stoppage can take place.

James O’Brien, who practices as a criminal lawyer at the Trim courts said this week that there had been no move towards settlement of the dispute and he expected people to withdraw their services.

He said that anyone who wanted to be involved would probably show up outside the court but not attend the court. The barristers have notified solicitors they won’t act in the courts on that day. They have also informed Presidents of the Circuit, High and District Courts of pending action.

“We don’t understand why the issue has not been resolved. We have increased productivity and brought in reforms but no one in authority has reacted in a positive way. There have been no talks to resolve it.”

He said that action is confined to one day at this stage and there has not been a recommendation about other action in the future.

“We are 40 per cent down in real terms. I don’t know if anyone else is operating at that level. Figures show that about two thirds who start in criminal law leave the profession within six years. “