The Irish Bar Council on Saturday announced a strike on three dates next month due to a lack of progress on pay restoration. The council recommended to its members in criminal practice withdraw service on July 9, 15 and 24 as an escalation from the action taken by barristers last October when they held their first-ever strike to call on the government to restore cuts to criminal legal aid funding.

According to the Bar of Ireland, fees paid by the state to criminal barristers were more than 40 percent below 2002 levels in real terms following cuts during the recession (FEMPI-era cuts). Despite a 2018 government-commissioned review acknowledging that the reversal of these cuts was justified, full restoration has not occurred.

Although the government announced a 10 percent restoration of fees as part of this year’s budget, the Bar of Ireland stated that the full range of FEMPI-era cuts still applies to the profession. Additionally, the link to public sector pay agreements was broken in 2008 and still has not been restored. A promised review process looking at the structure and level of fees paid to criminal barristers has not commenced and has contributed to growing frustration among practitioners.

Sara Phelan SC, chair of the Council of The Bar of Ireland, stated that the council has communicated to both the government and its members that they are willing to allow time until June 30 for the review proposed by Justice Minister Helen McEntee to be completed.

Sean Guerin SC, chair of the Criminal State Bar Committee, noted that the ongoing pay issue could affect recruitment and retention at the Criminal Bar and impact the administration of criminal justice.

Prior to October 2023, the council attempted to negotiate with the government a legal scheme reform. The council organised a one-day strike following the failure to reach any resolutions with the government. The October withdrawal was expected to have affected 147 trial hearings, 182 sentencing hearings and 46 other related court proceedings.