Lady Chief Justice welcomes end to barristers’ strike in Northern Ireland

By David Young (Press Association)

Northern Ireland’s most senior judge has welcomed the end of long running industrial action by criminal barristers in the region.

The legal counsel had withdrawn their services in legally aided crown court cases amid a dispute with the Department of Justice.

They escalated their action in January – increasing the number of cases covered by the boycott – in a move that has seen many criminal proceedings grind to a halt.

Barristers agreed to participate in a small number of Crown Court cases as part of derogation arrangements, including that of Stephen McCullagh who was jailed for 31 years earlier this month for the murder of his pregnant girlfriend Natalie McNally in Lurgan in 2022.

The Criminal Bar Association (CBA) has now voted to return to all legally aided crown court cases following Justice Minister Naomi Long’s announcement earlier in June that she would accept all recommendations of an independent review of criminal legal aid, including an uplift in fee rates.

The CBA said 65% of its members agreed to end the withdrawal of services.

Northern Ireland’s Lady Chief Justice Dame Siobhan Keegan welcomed the move.

A statement issued on her behalf said she had implemented recovery plans to restore crown court business as an “immediate and pressing priority”.

“A preparatory period will be required to undertake essential preliminary work, including arraignments, pleas and sentences, and trial scheduling to maximise court capacity,” said the statement.

“It is essential that preparatory work is constructive in addressing and resolving outstanding matters. The Lady Chief Justices encourages active and collaborative engagement to narrow the core issues in cases proceeding to trial.

“To support an efficient return to business crown court trials will be re-listed and prioritised, with those ready to proceed brought forward at the earliest opportunity.

“Particular emphasis will be placed on cases involving the most vulnerable individuals, while recognising that vulnerability is widely experienced and that difficult but necessary prioritisation decisions must be made in order to address the most urgent cases first.

“The judiciary will work urgently and collaboratively with justice partners and stakeholders to restore crown court business as quickly and effectively as possible.

“The adverse impact of delay and uncertainty upon participants within the criminal justice system is well established.

“The Lady Chief Justice has consistently highlighted the urgent need for additional resources to support the effective operation of the system and to mitigate delay. That need is now more acute than at any previous time.”

The CBA said the withdrawal of services had been a “last resort” in response to a “deepening access to justice crisis” throughout the criminal justice system.

In a statement, the association said: “Over the course of the action, and in all of its engagement with stakeholders and those affected by its withdrawal of services, the CBA remained united and steadfast, repeatedly stating that it wanted to urgently find a resolution that would enable all barristers to return to work in all crown court cases.

“The CBA welcomes the fact that sufficient progress has now been made to enable full service to resume and appreciates all of the effort and engagement that has contributed to this outcome.

“The Criminal Bar Association is committed to working with criminal justice partners to advance those cases that had been impacted by the withdrawal of services.

“The withdrawal of services brought into stark relief the necessity for the criminal legal aid system to be adequately funded and preserved as a viable and vital support service to all those who require access to justice.

“Continued work and ongoing vigilance will still be required to ensure that the criminal legal aid system is placed on a sustainable footing for the longer term.

“The CBA is committed to working collaboratively with the Department of Justice on an ongoing basis towards that aim and to trying to ensure that there is no relapse back to the acute crisis that has been abated by this resolution.”

The Department of Justice has been approached for comment.

Barristers involved in Crown Court criminal cases have voted to end action. CREDIT: PA