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Justice minister urges barristers back to work

Justice minister David Ford has urged barristers to return to work while negotiations continue
Bimpe Archer

JUSTICE Minister David Ford said his officials are continuing to hold meetings with the Criminal Bar Association (CBA) in an effort to resolve the dispute over legal aid.

While the CBA says it has documentary evidence showing that 868 cases were committed to the Crown Court after its members stopped accepting instruction, the court service yesterday put the number much lower.

A spokeswoman said: "Up to and including the 19th November 2015, there were 531 cases (relating to 629 defendants) where either the solicitor or counsel came off record or the defence has been unable to engage counsel due to the legal aid dispute.

"The cases relating to the figures provided may be at various stages before the court ranging from Crown Court committal through to awaiting arraignment."

Last week, a judge found the new rules did not provide fair pay to solicitors in some criminal cases, but did not find that the basis of the reforms was illegal.

Mr Ford said that Judicial Review challenge against the rules, brought jointly by the Bar Council and the Law Society, "did not strike down the 2015 Crown Court Rules, as the applicants had sought".

"The Court noted that the specific provisions for Guilty Plea Fees, for solicitors, do not provide for appropriate remuneration," he said.

"My officials are already engaging with the Law Society to consider how the shortcomings identified might best be remedied. My officials have also engaged with representatives of the Criminal Bar Association in an effort to see how the dispute might be resolved. These efforts will continue.

"The High Court also held that my department did not subject the new rules to full impact assessments. I can confirm that the Court's conclusions will be fully implemented by my department in any future reforms."

However, he urged barristers to return to work while the negotiations were continuing.

"I have highlighted that my department is prepared to engage on specific issues, but lawyers need to return to providing proper representation for their clients.

"I would again encourage all members of the legal profession who are currently not undertaking work in the Crown Court to re-engage in defending their clients to ensure that everyone receives the appropriate access to justice to which they are entitled."

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