Barristers’ strike ‘devastating’ for crime victims

An indefinite strike by barristers in Northern Ireland will have a “devastating impact on the justice system, particularly for victims”, Justice Minister Naomi Long has said.

The strike, which began on Monday, means that no crown court cases involving people who require legal aid can proceed while the dispute continues.

The chair of the Bar Council of Northern Ireland, Donal Lunny KC, said the strike was called because crown court legal aid fees have not risen in 20 years.

But the minister said a 16% fee increase is “due to be paid to bank accounts from this week” and she claimed the strike was unnecessary.

However, Lunny said that current legal aid fees are “worth less than half what they were worth in 2005 when they were set”.

He explained that barristers want a settlement which addresses the last 10 years of inflation which “would require the fees to go up by 30-something percent”.

The dispute is affecting some of the most high-profile legal cases in Northern Ireland, including murder trials.

Last month, the family of murder victim Natalie McNally said they were in “limbo” after being warned the trial could be delayed by industrial action by barristers.

She was 15 weeks pregnant when she was killed in her Lurgan home in December 2022.

The man accused of her murder denies the charge and his trial was due to begin this month.

Ms McNally’s brother, Declan McNally, said at the time that the delay was “re-traumatising” for the family.

The strike has been called by the Criminal Bar Association (CBA) which has 193 members.

A large majority (89%) of them voted in favour of a full withdrawl of crown court services, marking an escalation in the long-running dispute.

Lunny claimed that a “crisis” had developed in the legal system because many barristers and solicitors firms now avoid criminal cases due to low rates of pay.

He said young barristers “are not interested in doing crown court work because the pay is so poor, so you have an ever dwindling cohort of older barristers doing that work”.

The Bar Council chair added that the decision to go on strike was part of an “incremental series of steps” that the CBA has taken since 2024.

“It’s very much a last resort,” he said.

“It’s a step that hasn’t been taken lightly but it’s a step that’s been necessary because we don’t feel that the department are tackling the crisis with either the urgency or the pragmatism that’s required.”

Lunny added that the ball was now in the department’s court and insisted the withdrawl of services “will persist until the matter is resolved”.

The justice minister said she was “profoundly disappointed and frustrated” by the CBA members’ decision to withdraw from all legal aid crown court cases.

“This unnecessary action will not achieve anything or advance the arguments of the CBA membership,” Long added.

“However, it will have a devastating impact on the justice system, in particular for victims and witnesses.”

She pointed out that the 16% uplift, backdated to December 2024, meant an additional £6m would be paid out in legal aid fees from this week.

The minister added she was committed to developing a “sustainable legal aid structure” in the long term and claimed talks had been making progress when the strike was called.

“I cannot reconcile the CBA decision to inflict further trauma and stress on victims to advance their arguments for further increases to remuneration,” Long said.

She added her department would “continue working with stakeholders to minimise the harm and trauma that will result from the unnecessary decision by the CBA”.