Barristers extend strike over legal aid as 'last resort'

Criminal barristers in Northern Ireland have voted to extend their industrial action in the ongoing dispute over legal aid.

The action, which was announced by the Criminal Bar Association (CBA) last month, was initially scheduled to end on 31 January.

Of the 218 criminal barristers who voted, 77% opted in favour of a four-week extension to the current strike action which will see it continue into February.

It is understood correspondence relating to this was sent by the Department of Justice earlier this month, but was deemed to be unsatisfactory by the Bar Council.

Chair of the Bar Council, Donal Lunny KC described the decision to take extended action as "regrettable" but said it "became inevitable as January progressed and the Department of Justice failed to engage meaningfully with the Bar in respect of the serious concerns which have given rise to the CBA's action".

"Such limited engagement as there has been has served to exacerbate, rather than to alleviate, the concerns of the CBA around the department's approach to the administration of the system of Criminal Legal Aid in our Crown Courts," he said.

"Criminal barristers want to be in court, representing their clients, running and resolving criminal cases - cases that often involve deeply complex and serious matters."

He added that the decision to extend industrial action "has been taken as a last resort".

Legal aid allows free representation in criminal court cases to those who meet the means test.

These usually take place in magistrates' or crown courts.

The CBA argues that legal aid rates for lawyers has, effectively, dropped by between 47% and 58% since 2005, when inflation is taken into account.

In November, criminal barristers began withdrawing services in certain categories of criminal cases, such as refusing instructions in murder and manslaughter cases.

From February 2025, the refusal to take new instructions will extend to multi-complainant cases.

Business in Belfast Crown Court has been affect by the strike action and, despite arraignments, pleas and trials being listed, a majority of these cases have not gone ahead as planned in January.

Many were adjourned and re-listed into February, but as the industrial action has now been extended for four weeks, it is expected that several will now also not go ahead next month.