Justice minister accuses barristers of making ‘impossible’ demands in legal fees dispute
Stormont's justice minister has accused criminal barristers in Northern Ireland of making “unreasonable” and “impossible” demands in an ongoing industrial dispute over fees.
Naomi Long asked why defence barristers are extending their ongoing boycott of legal aid-funded Crown Court cases for another four weeks given she has already committed to increasing their fee rates by 16%.
Mrs Long said there are processes to follow before any rise can be introduced and she cannot simply click her fingers and make it happen immediately.
She also robustly rejected a claim from the Bar Council that her department has not been meaningfully engaging with barristers to find a resolution to the impasse.
PSNI Chief Constable Jon Boutcher also raised concern about the action which has seen many Crown Court cases grind to a halt.
He said the people most affected by the growing backlog of cases are victims and warned that the risk of them withdrawing support for prosecutions is likely to increase the longer the delays extend.
Members of the Criminal Bar Association (CBA) have not been appearing in legally-aided Crown Court cases in January, and on Tuesday evening they announced the action will continue through February.
In addition to the withdrawal of services, criminal barristers have refused to take new instructions in the most serious cases since the beginning of November 2024.
From February, the refusal to take new instructions will extend to multi-complainant ‘Category D’ cases.
The CBA argues that fees for legally-aided criminal work have not been increased since 2005, rendering them worth just 50% of their original value.
Mrs Long and Mr Boutcher were asked about the extension of the boycott as they attended the launch in Belfast of a new initiative to combat domestic violence and misogynistic attitudes in Northern Ireland.
“I stood up in December in the (assembly) chamber and committed to the 16% increase in uplift in legal service fees for the profession,” said the minister.
“I think most people would find a 16% uplift in their fees quite a significant move from the department.”
Mrs Long added: “It is not true to say that the department has not engaged. In fact, I have reached out and asked for an urgent meeting with the Bar. I already have a meeting scheduled with the Law Society.
“However, there are some things that they are demanding that are not just unreasonable, they are impossible. I have to go through due process in order to bring that 16% increase into being.
“I cannot simply click my fingers today and make that happen tomorrow. That is not a reasonable demand. And my concern is that, as we have sought to meet the Bar's concerns, they have added more and more impossible demands to the list.”
Announcing the extension of the boycott on Tuesday, chairman of the Bar Council Donal Lunny KC said: “This extended action on the part of the Criminal Bar Association is regrettable but also became inevitable as January progressed and the Department of Justice failed to engage meaningfully with the Bar.”