Justice Minister warns industrial action over legal aid causing ‘serious damage’

Industrial action being taken by criminal barristers in Northern Ireland is causing “serious damage”, the Stormont Justice Minister has said.

Naomi Long was speaking in the Assembly on Tuesday while criminal barristers in Northern Ireland continue to withdraw some services in an ongoing dispute over legal aid.

The Bar Council said the action was “regrettable”, but said it was “inevitable” after the Department of Justice “failed to engage meaningfully with the Bar in respect of the serious concerns which have given rise to the Criminal Bar Association’s action”.

They emphasised that criminal barristers “want to be in court, representing their clients, running and resolving criminal cases – cases that often involve deeply complex and serious matters”.

The minister outlined engagement and action her officials have taken, and said her department is on track to introduce a 16% uplift in civil, family and criminal legal aid fees in May.

She warned the industrial action is causing “serious damage” to the justice system.

“Additional delay means that defendants, whether guilty or innocent, must wait longer for their case to be resolved,” she said.

“Delay means additional stress, anxiety and often trauma for many victims and witnesses and it must be recognised there are some victims and witnesses who are particularly vulnerable and who are suffering acutely.

“All in all, it means greater risk of harm to the public – of the risk that the innocent remain in custody longer than absolutely necessary and that the guilty go free.

“That is not idle speculation or pessimism. It is a very real possibility.”

Ms Long said she had hoped the CBA may have agreed derogations, but she said that was refused in a case deemed critical, adding that another 16 cases have been assessed to be in the same category.

“There were 17 cases – not identified by the department, but identified by Public Prosecution Service – 17 cases that people spent a lot of time identifying, the first and most serious, and I cannot emphasise how grave a situation it is, was taken to the criminal bar for consideration and it was refused,” she told MLAs.

Ms Long outlined that between April 1 2023 and December 31 2024, the Legal Services Agency paid 5,064 bills to 199 barristers with the value of £20,412,000.43 in terms of legal aid for criminal work in the crown court.

She said two barristers received a total of £1.75 million, and 65 (33%) barristers received at least £105,000.

Around 38% of barristers received at least £85,000 and around 33% of barristers received around £60,000.

She added: “That is only, however, for work in the crown court and in criminal work that doesn’t cover the much wider work that barristers will take on, whether that be private or in other parts of the court system.”