Seanad debates

Wednesday, 27 September 2023

An tOrd Gnó - Order of Business

 

10:00 am

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

In any case, they are quite different jobs but they are both essential roles that are going unfilled because of inadequate pay. Ireland is a very expensive place to live and public services and essential social functions are becoming increasingly strained because the people providing them are not being paid enough. Next week, on 3 October, members of the Irish Criminal Bar Association will withdraw their services, bringing criminal proceedings to a standstill. It is not a step they will take lightly but they have been driven to this point by years of Government neglect and delay. Their professionalism and expertise are an essential part of ensuring the criminal justice system operates in an orderly and fair way.

The fees for criminal legal aid, which covers almost all criminal cases, were set in 2002 and were cut during the financial crisis. These cuts have never been reversed. In real terms, criminal barristers have sustained a 40% pay cut that has lasted far longer than the one endured by public servants. During this time, criminal barristers have made significant efforts to enact reforms that have made criminal proceedings more efficient, yet there has been no action on fee restoration. The effect of this underpayment is being felt. Talented young lawyers are increasingly opting not to specialise in criminal law. Two thirds of new criminal barristers leave within five years for better paid civil and commercial work or they cease practising as barristers entirely. This does not just impact on the ability of people who have been accused of crimes to access legal representation. The brain drain in the profession is causing delays in the criminal justice system.

I am glad the Minister for Justice, Deputy McEntee, has endorsed the Bar Council's campaign for pay restoration but ultimately it is up to the Minister for Public Expenditure, National Development Plan Delivery and Reform, Deputy Donohoe, to act. Barristers in the UK had to undertake a bruising prolonged strike campaign to win concessions from the Tory government. I ask that we debate this issue so the various groups can put their views on the record.

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