NI: NI criminal barristers demand ‘substantive proposals’ over legal aid

Justice Minister David Ford
Justice Minister David Ford

Justice Minister David Ford has been told he must put forward “substantive proposals” over legal aid for criminal practitioners if he wants the Criminal Bar Association (CBA) to engage with his Department.

Mr Ford had publicly criticised the Bar Council of Northern Ireland for passing a resolution rejecting further engagement until “reasonable and sensible proposals” were put forward.

He claimed that outline proposals had been put forward by Department of Justice officials to address areas of concern, but they “cannot be taken forward by the Department in the absence of engagement”.

Gavan Duffy QC, chairman of the Criminal Bar Association, said the CBA met regularly with the Department over the past two years in an effort to resolve the dispute and avoid a withdrawal of services.

However, a failure to reach agreement led to barristers withdrawing from criminal cases in May last year.

Gavan Duffy QC, chairman of the Criminal Bar Association
Gavan Duffy QC, chairman of the Criminal Bar Association

Mr Duffy said: “This action is not taken lightly by our members; indeed, for many, the financial and personal consequences are stark. Yet it is our responsibility to act in the best interests of the public and the most vulnerable in society who depend on legal aid to assert their rights.

“The reality we face is that these latest reductions mean that in standard cases, the fees proposed are now half of what was paid 10 years ago. The present situation is untenable in the long term for all involved including defendants, victims and the justice system as a whole. The Criminal Bar Association stands ready and willing to engage, provided the Department has a realistic resolution to offer. We have yet to see any evidence of this.

“The resolution following the December meeting of the Bar represents the strength of feeling among practitioners and highlights the grave disappointment that despite concerted efforts on our part, the Department has not offered substantive proposals which amount to fair and reasonable remuneration required to represent our clients properly.

“Our members are undoubtedly conscious of the financial pressures facing the Northern Ireland budget but it cannot be the case that financial considerations are prioritised over the need for adequate representation for defendants, victims and all users of the criminal justice system.”

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