Criminal barristers in Northern Ireland are intensifying their protest over legal aid payments, with an extended withdrawal of services announced for January 2024. The action will see barristers abstain from all legally aided crown court cases listed between 6 and 31 January, alongside ongoing withdrawals in specific criminal case categories initiated in November 2024.
Long-Standing Payment Issues
The dispute centres on dissatisfaction with the Department of Justice’s handling of the legal aid system. Donal Lunny KC, chairman of the Bar Council, described the decision to withdraw services as “regrettable but inevitable.”
“Fees for legally aided criminal work have not increased since 2005 and now stand at just 50% of their original value,” said Mr Lunny. He highlighted that barristers face substantial payment delays under a departmental policy designed to balance its budget.
“These delays and inadequate remuneration compromise the quality of advocacy in the most serious and complex criminal cases,” he explained.
Mr Lunny warned that the current approach risks creating a two-tier justice system, where only individuals with the financial means to fund their defence can access the best representation. “This trend is particularly concerning as younger, skilled professionals are leaving the field due to the financial pressures of legally aided work,” he added.
Calls for Reform
The Criminal Bar Association (CBA) is urging the Department of Justice to reconsider its approach to legal aid reform. Mr Lunny expressed concern that the department’s policies could harm victims, defendants, and society at large, describing the loss of talented young professionals as a critical issue.
“We call on the department to re-engage with the Bar Council and prevent further escalation. A fair and sustainable reform programme is vital to maintain trust in the justice system,” he stated.
Department of Justice Response
A spokesperson for the Department of Justice said it was “disappointed” to learn of the CBA’s decision, noting that the withdrawal of services will affect victims and witnesses awaiting justice.
“The department has been in regular contact with the Bar Council on legal aid reform and is working to improve the system,” the spokesperson said. Plans to increase legal aid fees have been announced, with implementation expected next year.
Despite these efforts, the CBA remains critical of the department’s approach, arguing that it falls short of addressing the underlying issues.
Impact on Justice
The extended service withdrawal is expected to disrupt numerous crown court cases, delaying justice for both victims and defendants. With the dispute unresolved, the legal profession and government remain at odds over the future of legal aid in Northern Ireland.
This ongoing stalemate underscores the pressing need for a balanced resolution that ensures fair remuneration for barristers while safeguarding the rights of all citizens within the justice system.
