Naomi Long

The Criminal Bar Association (CBA) last week confirmed plans to withdraw from all Crown Court cases early next month in a major escalation of their campaign for increases in criminal legal aid fees.

Fee levels have remained at the same level for 20 years, though a 16 per cent uplift recommended by an independent review is expected to take effect from January following repeated delays and industrial action.

The Bar Council of Northern Ireland has proposed mediation with the Department of Justice to resolve the long-running dispute.

In a statement issued to Irish Legal News on Friday afternoon, Mrs Long said she was “profoundly disappointed and frustrated” by barristers’ decision to withdraw services.

“It is clear they want to leverage further trauma and stress on victims and witnesses to advance their arguments for unrealistic and unaffordable significant increases to legal aid fees paid to defence counsel,” she claimed.

“My first thoughts are with the victims and witnesses who will be adversely affected by this very regrettable development.”

The minister said the withdrawal “will create further delay in the court system and individuals may spend more time in custody than may be necessary”.

She also criticised the CBA for taking the decision “less than two days” after being informed that the 16 per cent uplift would take effect from 5 January 2026, backdated to 1 December 2024.

Applying a 16 per cent uplift “as soon as possible” was one of the key recommendations of an independent report produced by retired judge Tom Burgess.

Mrs Long received the Burgess report in August 2024 but failed to publish it promptly, leading the CBA to launch industrial action in November 2024.

The minister eventually published the report in December 2024 and said she would apply a 16 per cent uplift to civil, family and criminal legal aid fees from May 2025.

Barristers have expressed frustration that the uplift has still not taken effect and comes without promises of future increases, leaving fee levels still “significantly short of 20 years of accumulated inflationary pressures”.

Mrs Long said an independent working group chaired by Judge Burgess has been examining the question of future fee increases.

“Despite efforts to address what appears to be an ever-shifting list of concerns, as well as a lack of clear communication from the CBA about their demands, I am pleased that the working group has been making steady progress on further reform of remuneration levels for solicitors,” she said.

“The final report of the working group which sets out a roadmap to review a range of criminal legal aid fees was agreed by all members, including the CBA on 9 December.

“In the light of an agreed approach, it is all the more disappointing and baffling that the CBA has subsequently decided to escalate their action.

“This decision undermines my confidence that the CBA is committed to meaningful engagement.”

She concluded: “My department and I will continue to engage constructively with those who are serious about bringing about meaningful change.

“I am determined that we have a legal system that delivers justice and value for money, while also creating an environment in which younger and female legal professionals can gain the experience they need to progress in their career.”

The CBA will begin a full withdrawal of services from all current Crown Court cases from 5 January 2026.