The busiest court for criminal cases in Northern Ireland was almost empty on Friday as more than 200 barristers went on strike over delayed legal aid payments.
Security guards were the only people visible on level two of Laganside court complex in Belfast by mid-morning – where up to 100 cases are often heard in a day at Court 10 alone – after criminal barristers withdrew their services for the one-day walkout.
The strike follows a ballot by the Criminal Bar Association in response to “intolerable” late payment fees by Stormont’s Department of Justice.
On the eve of the action the Department of Justice announced a £10.9 million package to “greatly assist in improving payment times” over coming months. But the intervention was described as a “temporary sticking plaster” by lawyers.
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One barrister told The Irish Times that she had not received any legal aid fees since July. “They basically stopped paying us. Can you imagine being a teacher and not getting paid for six months?” she said.
“So every time I get paid a decent fee I save it and then siphon it off. But then it comes to this time of year when you’re doing your tax and paying Bar library fees, bills are due, and it’s like: ‘oh god, can I stay in this profession this year?’
“I’ve looked at other jobs, I think all of us have, but for me it’s a real vocation to do this work. I’ve been practising several years but I’m at the threshold where people leave, especially women. I don’t want to leave because I’m a mother.”
The strike followed mass walkouts the previous day by thousands of school classroom assistants, cleaners, bus drivers and other school support workers across the North in a dispute over wages amid the continuing political stalemate, with Stormont now down over 20 months.
In the absence of a justice minister, the most senior civil servant at the Department of Justice, Richard Pengelly, described the barristers’ decision to proceed with action as “premature” given the “additional funding” and “ongoing engagement”.
“I am sympathetic to the frustration of the profession,” Mr Pengelly added. “It is no secret that the current budget provision is insufficient. However, this action risks adversely impacting those who need legal representation at a time when the department cannot resolve the matter.”
Solicitors also joined the walkout, with the Solicitors Criminal Bar Association, which represents more than 100 firms, highlighting that defence barristers do not get paid until a case concludes, which can often take years.
Chair of the Bar Council for Northern Ireland, Moira Smyth KC, said the lack of a justice minister was “no excuse for this worsening issue”.
“No other jurisdiction across the UK and Ireland has chosen to address legal aid budget pressures by financially punishing the lawyers who provide a crucial public service,” she said.
Thomas Thibodeau was among the criminal barristers taking part in the strike, and described legal aid as being “at the heart of the justice system”.
“The now intolerable payment delays risk turning away many more of our colleagues from representing the most vulnerable citizens in society facing the most challenging of circumstances.”
Barrister Taryn Graham said the walkout decision “has not been taken lightly”.
“As independent, self-employed practitioners these payment delays place us in a wholly unprecedented position. The financial challenges being faced are hitting younger and female lawyers the hardest. Today’s initial strike action…is a regrettable but necessary measure to preserve the viability of legal aid as a vital demand-led public service that embodies the core of access to justice.”
