Northern Ireland

Criminal barristers announce day of action in protest over payment delays of up to six months

Criminal barristers to take part in day of action next Friday
Criminal barristers to take part in day of action next Friday

Criminal barristers will hold a day of action to protest over delays in legal aid payments following the end of cases.

More than 200 barristers will withdraw all services on Friday as part of the action over what they charge are delays of up to six months before payment.

The action follows a ballot of the approximately 230 members of the Criminal Bar Association. Younger barristers are hardest hit by the delays, the Bar argues.

Barristers cite the difference between Northern Ireland and other jurisdictions, with colleagues in Britain and Ireland being paid within weeks of the end of a criminal case.

In the north, unlike other jurisdictions, legal aid money comes from a fixed budget, though it is a demand-led service. Demand, which dropped during the lock downs, has increased substantially in their wake. 

The Department of Justice has an ongoing dialogue with the Bar of Northern Ireland on a wide range of issues including timely payments, a spokesperson said.

"While sympathetic to the frustration of the profession, any form of action risks adversely impacting those who need legal representation," the DoJ added.

The Criminal Bar Association said withdrawal of services means no work related to criminal cases aside from agreed exceptions for emergency cases.

Criminal cases will halt at Laganside and in courts across the north next Friday
Criminal cases will halt at Laganside and in courts across the north next Friday

In a previous statement, the Bar of Northern Ireland said its members have for months called for urgent action from the Department of Justice to avoid the withdrawal of services.

"The Bar has highlighted that the public policy of speeding up justice and increasing throughput requires an increased budget. However, to date no tangible solutions have been offered by the DoJ," a spokesperson said.

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  • Barristers consider withdrawing services over legal aid payment delays

"The department’s policy of delaying payment for work done means that dedicated and skilled lawyers are having to wait for up to six months for payment after completing their work. 

"These delays are exacerbating the difficulties caused by reductions in Legal Aid rates which, when adjusting for inflation, have plummeted by between 47% - 58% since 2005."

DoJ officials previously said they agreed the current budget provision is insufficient.

"We have made this point on a number of occasions and continue to have open dialogue with the Bar of Northern Ireland on a wide range of issues, including budgetary pressures." 

In the current political situation "there is no mechanism open to us to increase the budget", the department added.