Donegal barristers withdraw services for third time in call for pay restoration

Barristers began a third day of industrial action on Wednesday over pay dispute by striking outside circuit court sittings nationwide.

One of the strikes took place at Buncrana Courthouse during a circuit court sitting and local barrister Patricia McCallum explained that following successive pay cuts of 8 percent in 2009 and 2010 and a 10 percent pay cut in 2011, no progress has been made. 

“The situation is this is our third day of striking.” she told DonegalLive. “We are hopeful the government will engage, essentially the ball is now in the court of the government. They have indicated to us that we will have to wait and see the budget, we don’t think that is adequate. We think they should engage with us ahead of the budget.”

Protests took place at 11 courthouses around the country including Buncrana, Co. Donegal, the Four Courts in Dublin, Carlow Town, Ennis, Co. Clare, Washington St, Cork, Naas, Co. Kildare, Kilkenny City, Merchant’s Quay, Limerick, Longford Town, Sligo Town, Clonmel, Co. Tipperary as well as the Criminal Court of Justice.

The original one-day withdrawal of services was in October 2023. Shortly after that unprecedented day a partial restoration of 10 percent of fees was confirmed in Budget 2024. However, even after this 10 percent was restored, the full range of FEMPI-era cuts that were applied across the public sector, continue to apply to the profession, and the unilateral breaking of the link (in 2008) to public sector pay agreements has yet to be restored.

Patricia McCallum- Photo Joe Boland

While members of Government and the opposition have signalled support for fee restoration, no commitment has been forthcoming regarding a timeline, despite a Government report as far back as 2018 stating that fee restoration was justified, given the reforms and flexibilities provided by the profession.

The Council of The Bar of Ireland reiterated its regret with respect to the withdrawal, and its disappointment at the lack of Government action or engagement on the issue.

“The issue continues to be an orphan, and there’s a leadership vacuum in Government,” Chair of The Council of The Bar of Ireland, Sara Phelan SC said. “Communications from An Taoiseach, and from Minister McEntee  have done little to progress our request for an independent review.  Our members feel frustrated and let down, and once more are obliged to come out on the steps of courthouses to make their point.

“Despite repeated requests for meaningful engagement on this matter, no government minister has met us to discuss our request. We are being told that we must ‘wait until Budget Day’ – yet there is no rational reason for this when public sector pay agreements have been committed ahead of Budget Day, with a view to then being implemented in the Budget.  There is no reason why a similar commitment cannot be given to criminal practitioners. “Withdrawal of services, whether this term or at any other time,  could be avoided if the Government had considered the matter worthy of its timely attention. We sincerely hope that this lack of engagement will be rectified with an appropriate and full response, dealing with all outstanding issues, in Budget 2025 in October.”

Chair of the Criminal State Bar Committee and incoming Chair of the Council of The Bar of Ireland, Seán Guern SC said: “We deeply regret being forced once more to cause further disruption with this third day of withdrawal of service. We are at a loss as to why our profession is being left to endure FEMPI-era cuts, while every other category of worker who provides services to the State has had their reductions unwound; particularly when the Minister for Justice, Helen McEntee TD, has said there is ‘no good reason’ for us to be treated in this way.”

Barristers say that the full range of cuts that were applied across the public sector continue to apply to the profession and the unilateral breaking of the link to public sector pay agreements has yet to be restored.

Since 2008, barristers have been paid a flat rate, “with no provision for inflation or cost of living increases, in marked contrast to those employed in the public sector,” said the Council.