Naomi Long

Members of the Criminal Bar Association (CBA) yesterday withdrew services from all legally-aided Crown Court fees in a significant escalation of industrial action which began in November 2024.

The Bar Council of Northern Ireland has said a 16 per cent uplift in legal aid fees “has come too late and fallen significantly short of what is required to stabilise a system in crisis”.

The Lady Chief Justice, Dame Siobhan Keegan, is understood to have suggested the use of mediation to resolve the dispute, with the Bar Council and CBA on one side and the Department of Justice on the other.

However, Mrs Long told Irish Legal News that mediation would not be a “viable or appropriate option”.

The minister said she reached this conclusion after consulting with retired judge Tom Burgess, who led the review which recommended the 16 per cent uplift and is chairing a working group considering future increases.

“When the possibility of mediation was raised, I sought the views of Judge Burgess on the matter,” she said.

“He reiterated the need for an evidence base to be developed for any proposed fee changes, as set out in his August 2024 report and accepted by all parties involved in the working group.

“Work to develop this evidence base has been ongoing and is identified in the agreed working group roadmap.

“Given Judge Burgess’ unique insight into the discussions within the working group to date, I place significant weight on his continuing view that without developing that evidence there can be no basis for determining what is proper and reasonable remuneration, and that any ‘mediation process will find itself in exactly the same position as the present process’.”

The Bar Council yesterday said that it remained “hopeful” that the Department would agree to mediation.

“The Department has not received any correspondence from the Bar requesting my reasons for not accepting that mediation is a viable or appropriate option,” Mrs Long said.

“However, the Bar should be aware of my reasons as Department of Justice officials discussed this matter with a senior representative of the organisation on 18 November.”

The minister has criticised the CBA’s withdrawal of services as “not justifiable or necessary”.

“Given the progress to date, and the fact that an agreed process is already in place, I cannot reconcile the CBA decision to inflict further trauma and stress on victims to advance their arguments for further increases to remuneration,” she said.

“It is regrettable that the actions of the CBA have undermined my confidence that the organisation is committed to meaningful engagement.

“My Department and I will continue to engage constructively with those who are serious about bringing about purposeful change.

“We will also continue working with stakeholders to minimise the harm and trauma that will result from the unnecessary decision by the CBA to withdraw from all legal aid Crown Court cases.”