Northern Ireland Barristers Announce January Action Over Legal Aid Dispute

Criminal barristers in Northern Ireland are set to withdraw their services from all legally aided Crown Court cases for a four-week duration in January, as part of an ongoing dispute regarding legal aid. The Criminal Bar Association (CBA) stated that a majority of its members indicated their support for an extended cessation of services during a meeting held last week. This action is scheduled to occur between January 6 and January 31. It will run concurrently with the continued withdrawal of services in specific categories of criminal cases, which commenced in November 2024. The Department of Justice (DoJ) in Northern Ireland reported that it had not been “formally notified” of the CBA’s decision, adding that it was “disappointed to learn of the action”. A spokesperson for the DoJ indicated that the action would negatively affect “victims and witnesses who are waiting to receive justice”. The spokesperson further stated: “The Department is moving at pace to improve the system for citizens including recently announced plans to increase fees which we expect to take effect next year.” Donal Lunny KC, chair of the Bar Council, commented: “The withdrawal of services on the part of the Criminal Bar Association (CBA) is regrettable, but the Department of Justice’s approach in reviewing the operation of our system of Criminal Legal Aid has made it inevitable.” He highlighted that fees for legally aided criminal work have not been increased since 2005 and are currently valued at just 50% of their original worth. Lunny added: “Additionally, barristers are subject to crippling payment delays, under a policy imposed by the DoJ on the basis of balancing its budget.” He also conveyed: “Criminal barristers have indicated that the levels of remuneration in the most serious and complex of cases do not allow counsel to provide the expert advocacy that these cases demand and that the public deserves.” He urged the department to “re-engage to prevent further escalation on the part of the CBA”. Geraldine Hanna, Northern Ireland’s victims of crime commissioner, called upon the Department of Justice and the Bar to “engage in meaningful dialogue in an effort to avoid this proposed action”. She expressed: “I had hoped that the Department of Justice and the legal profession would find common ground following the recently announced reform programme outlined by the justice minister.” Hanna further remarked: “My thoughts are with those victims of crime, who were already facing a Christmas period worrying about their hearings in the New Year, and will now have added uncertainty and delay to worry about.” She concluded: “It is imperative that the Criminal Bar Association liaise closely with the Victim and Witness Care Unit and support agencies to give as much notice as possible to any victim or witness that is going to be impacted by this strike.”