NI barristers to stage action in legal aid dispute

Barristers outside the Royal Courts of Justice in Belfast during previous industrial action

Criminal barristers in Northern Ireland are to withdraw from all legally aided Crown Court cases for a four-week period in January in a dispute over legal aid.

The Criminal Bar Association (CBA) said a majority of members indicated their support for an extended withdrawal of services at a meeting last week.

The action will take place between 6 and 31 January.

It will coincide with the continuing withdrawal of services in certain categories of criminal cases, which began in November 2024.

The Department of Justice (DoJ) in Northern Ireland said it has not been "formally notified" of the CBA's decision, adding it was "disappointed to learn of the action".

A spokesperson for the DoJ said the action would have an impact on "victims and witnesses who are waiting to receive justice".

"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, said: "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.

"Fees for legally aided criminal work have not been increased since 2005 and are worth just 50% of their original value.

"Additionally, barristers are subject to crippling payment delays, under a policy imposed by the DoJ on the basis of balancing its budget.

"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 called on the department to "re-engage to prevent further escalation on the part of the CBA".

'Added uncertainty and delay'

Northern Ireland's victims of crime commissioner Geraldine Hanna urged the Department of Justice and the Bar to "engage in meaningful dialogue in an effort to avoid this proposed action".

"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," she said.

"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.

"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."