Barristers are on strike today with no new murder cases to begin until funding issues are resolved, lawyers have warned.
A protest took place outside the Royal Courts of Justice in Belfast as criminal barristers withdrew their services in relation to what they claim is “continued inertia” from the Department of Justice on fee levels for work on some of the most serious criminal cases.
The Bar of NI said barristers voted to not take on any new ‘category A’ crown court cases, which includes murders and manslaughter.
The withdrawal of services commenced with a full-scale day of action on Monday, which means barristers will not attend criminal court for any work or engage in associated legal administration work, except for emergency matters.
Donal Lunny KC, chair of the Bar of NI, said: “This is now a grave situation where we have been forced to highlight publicly that the current system is wholly unsustainable due to a lack of funding, engagement, and action, from the Department of Justice.
“Barristers are independent, self-employed practitioners, many of whom are not just struggling, but are at breaking point.
“Our consistent warnings to the department have gone unheeded, and the foreseeable result is a serious access to justice crisis.”
He said the strike action is “regrettable” adding: “Criminal cases are becoming increasingly complex, court delays are at chronic proportions despite criminal barristers working at 130% capacity, Crown Court fees have not been increased in almost 20 years and barristers are forced to wait 3-4 months to be paid.
“We’re seeing all these matters coming together in a system of Criminal Legal Aid that is no longer fit for purpose.”
He added: “Our asks are modest and achievable – the DoJ must immediately publish the Independent Review of Criminal Legal Aid which they have been withholding since August, provide a fair interim uplift in fees, and work with urgency and purpose to address substantively the long-standing problems of unfair remuneration and payment delay to preserve the viability of our system of Criminal Legal Aid and ensure access to justice for all”.
A spokesman for DoJ said it is considering the review carried out adding a ministerial statement “will be made in the coming weeks”.
He said the department has been “consistently underfunded” and has been “working to secure a more sustainable budget and additional funding has been secured this year to meet the current pressures”.
“The department continues to make the case for more funding that would allow adequate investment in legal aid, and we would welcome the profession’s support in this endeavour.”
