Barristers strike: ‘This isn’t about rates, it’s about equality’
Pictured outside Castlebar courthouse are criminal barristers who have withdrawn their service as part of a campaign led by The Bar of Ireland to secure restoration of fees paid by the State. Photo: John Mee Photography
Criminal barristers in Mayo withdrew their services last Tuesday as a part of nationwide strike action over austerity-era cuts to the legal profession that have never been reversed.
The industrial action caused a day of disruption to the Mayo legal calendar.
Barristers gathered on the steps of the courthouse in Castlebar at 10am on Tuesday morning to voice their concerns about the failure of successive governments to reverse the cuts in legal aid fees.
Diarmuid Connolly BL told the Western People that the barristers had taken this action reluctantly but felt it was time to make a stand having endured pay cuts of over 40% in real terms since 2002 and cuts of between 28.5% and 69% from 2008 to 2011.
“This isn’t about rates, it’s about equality. If I go into court, the judge’s pay has been restored, the registrar’s pay has been restored, the Chief State Solicitor’s pay has been restored and that’s proper order.
“Why haven’t we been treated equally, that’s what this action is about,” he said.
Mr Connolly said there has been an ongoing exodus of barristers, with about two-thirds of criminal barristers leaving the profession within their first six years.
He said unless these cuts are reversed, there will be a huge knock-on effect for the public and for the legal system.
“If it becomes unsustainable to practice criminal law in the west of Ireland, you’re going to have a brain drain. That means that if you want to see your barrister before your case, you’re going to have to travel to the urban centres such as Galway and Dublin. “More significantly, unless you have a large pool of people practicing in criminal law, the potential selection for judges down the road will be lessened.”
Mr Connolly said the barristers regretted any disruption caused to the circuit and district courts in Mayo and across the country but felt the need to fight for their profession.
“We’re not much of a profession if we fight for others but not ourselves. It is quite a significant development for self-employed people to go on strike. We don’t have a strike fund and this is going to cost us,” he said.
“We’re deeply regretful to the Courts Service and the public but it is about time we took a stand.”
Barristers were strongly supported by their colleagues from the Mayo Solicitors Bar Association and this resulted in mass adjournments in the district court and circuit court in Castlebar last Tuesday, which both sat in a reduced capacity for the day.
With defence counsels not present, circuit court judge Eoin Garavan adjourned ten trials into Wednesday’s sitting of the court and adjourned a number of sentencing matters and matters for mention into the last week of the current term of court.
A jury panel summonsed to attend the court were asked to return the following day by Judge Garavan.
Speaking in Castlebar District Court, solicitor Cathy McDarby said she was asked to attend in the role of duty solicitor to request an adjournment of all matters.
There was no state objection and Judge Fiona Lydon agreed to the adjournments.
Minister for Justice Helen McEntee recently indicated that no action would be taken on reversing the recession-era cuts until after the Budget on Tuesday, October 11th.
