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Barristers to recommence some case work amid legal aid dispute

Andrew McNair
BBC News NI
PA Media Three female barristers in white wigs and black gowns, holding a sign which reads Access to Justice in Crisis.PA Media
The Criminal Bar Association wants an increase in legal aid fees, which it says haven't changed in 20 years

Barristers in Northern Ireland will scale back their industrial action from 1 March, but continue to refuse some new cases in a long running dispute over legal aid fees.

The Criminal Bar Association (CBA), which represents criminal barristers, had withdrawn some services in November, and escalated its action in January by refusing to take all legal aid cases at the Crown Court.

It wants an increase in legal aid fees, which it says haven't changed in 20 years.

A spokesperson for the Department of Justice said that minister had already announced a "significant 16% uplift in fees".

PA Media A crowd of barristers wearing white wigs, black gowns and white collars stand at a picket line outside Belfast Laganside court. They are holding signs that say access to justice in crisis.PA Media
The CBA began industrial action in November last year by withdrawing certain legally aided services

The CBA said in a statement: "The Bar of Northern Ireland has at all times been, and remains, ready, willing, and able to engage in meaningful dialogue with the Department of Justice in order to resolve the access to justice crisis and bring to an end its remaining industrial action."

It began industrial action in November last year by withdrawing certain legally aided services.

In January, citing "failings on the part of the Department of Justice", the CBA announced its members had voted to extend action by refusing to take all cases listed at the Crown Court in February.

"Engagement has taken place with the Department of Justice in recent weeks" it said in a statement.

"Although positive, the CBA does not consider that this engagement has created the conditions necessary to enable them to advise their members to cease entirely their withdrawal of services."

The CBA confirmed that it would return to refusing "defined classes of new Crown Court action".

'Harmful withdrawal'

In a statement, the Department of Justice (DoJ) said: "The department and the minister have engaged with the legal profession and have been proactive in progressing reform and in addressing concerns."

"The uplift will take effect from May and will be backdated to December when the minister reached the decision to increase fees," the DoJ added.

"Steps are also in train to progress other potential reforms."

The DoJ has called on the CBA to take "cognisance of the actions taken by the department and to end their unnecessary and harmful withdrawal of services".