Criminal lawyers withdraw their services in legal aid dispute – The Irish News

Criminal lawyers in Northern Ireland have announced a one-day suspension of their services from November 4 as part of a dispute over legal aid fees.

The Criminal Bar Association (CBA) also said lawyers will refuse instructions in new Crown Court Category A cases, which include murder and manslaughter offences, from early November.

They also refuse to give instructions on retrials in cases following indeterminate jury trials or appeals.

The Justice Department said it was “surprised and disappointed” by the lawyers’ actions.

Donal Lunny KC, chairman of the Law Society of Northern Ireland, described how the criminal legal aid system had reached a “crisis point”.

He said: “Criminal lawyers are dedicated and dedicated professionals and they apply their legal knowledge to serious, complex and traumatic matters by providing access to justice and ensuring a fair balance between the prosecution and the defendant during the criminal process.”

“Criminal lawyers in our crown courts work for legal aid rates which, adjusted for inflation, have fallen between 47% and 58% since 2005.

“Typically, these lawyers wait at least three to four months for payment once a case is completed and their fees are submitted.

“Long working hours, increasingly complex cases, unfair remuneration and delays in payments have meant that lawyer-supported criminal law work has become an unprofitable field of activity for more and more lawyers, especially younger lawyers.”

The CBA said the Ministry of Justice began a fundamental review of legal aid in criminal matters in October 2023. A report from Judge Tom Burgess was submitted to the ministry in August.

Mr Lunny added: “The Law Society has engaged extensively and constructively with the Burgess Review.

“It is a source of deep frustration and disappointment that the department has not shown the necessary urgency in responding to the findings and recommendations of the Burgess Review.

“The department has even refused to take the simple and logical step of publishing the Burgess Review to those who took part in it.

“This shows a troubling lack of openness and reflects a failure to take a collaborative approach with legal professionals and other stakeholders across the criminal justice system.”

“The Criminal Bar Association did not take the decision to terminate its services lightly.

“In fact, this is an option of last resort that only comes after a lengthy period of patient patience with a system that is no longer sustainable or fit for purpose.

“Despite their efforts and goodwill, the Criminal Bar Association has been forced into action by the Justice Department’s inaction and complacency.

“This proposed measure is an unfortunate but necessary measure to protect criminal legal aid as a vital public service.

“The Department should be in no doubt: the Law Society is committed to ensuring that the criminal legal aid system, which is an essential element of a fair and effective justice system, is restored to a condition where it is fit for purpose.”

A Ministry of Justice spokesman said: “The Ministry has commissioned a fundamental review of legal aid in criminal matters, which was driven by HHJ (His Honor Judge) Burgess and in which the Law Society participated.”

“The department is reviewing HHJ Burgess’ report and associated recommendations.

“Following a ministerial statement to be made in the coming weeks, the department is also committed to continuing to work with all stakeholders, including the Law Society.

“It is well known that the Department of Justice is consistently underfunded, and the consequences of this underfunding are now being recognized.”

The spokesman added: “The Law Society recognizes that the department has been working to ensure a more sustainable budget and that additional funding has been made available this year to meet current pressures.”

“It should be noted that pressures were at an all-time high in 2023/24, with the Legal Services Agency paying out around £114 million to legal professionals, the highest payout in the history of legal aid.”

“The department will continue to push for more funding to address underfunding issues across the judiciary.

“It is therefore premature to announce a strike at this time.”