The ongoing industrial action by barristers in Northern Ireland is causing significant harm to the justice system, according to Stormont’s Justice Minister, Naomi Long.
Long cautioned that delays in legal proceedings pose a “greater risk of harm to the public,” increasing the likelihood that “the guilty go free” while the innocent remain in custody for longer than necessary.
The Criminal Bar Association (CBA), which represents criminal barristers, has been staging industrial action since November over legal aid fees, withdrawing certain legally aided services. The association argues that legal aid rates have remained unchanged for two decades and must be increased.
Addressing the Northern Ireland Assembly, Long stated that her department is “on track” to implement a 16% increase in civil, family, and criminal legal aid fees by May. She assured that this uplift would apply “to the entirety of the bar” and would be backdated to December 2024.
Despite these efforts, Long expressed her “disappointment and frustration” that the CBA’s service withdrawal is ongoing.
“While the scope of their action has reduced, make no mistake—their strike continues to inflict serious damage on the justice system, affecting victims, witnesses, and defendants alike,” she said.
She emphasized that these delays are not just an inconvenience but a direct threat to justice, with real-world consequences.
“This isn’t speculation or pessimism; it’s a stark reality,” she warned. “Delays mean increased risks to the public, the innocent spending unnecessary time in custody, and criminals potentially walking free.”
The CBA escalated its strike in January by refusing all legal aid cases at the Crown Court. However, from March 1, it scaled back the action, choosing instead to refuse only specific types of new Crown Court cases.
Long, who also leads the Alliance Party, stressed her commitment to ensuring fair pay for criminal barristers.
“I have done everything possible to address their concerns and create a framework for resolving any outstanding issues,” she said.
The CBA acknowledged “positive engagement” with the Department of Justice but maintained that the current negotiations have not yet “created the conditions necessary” for a full return to work.
“The Bar of Northern Ireland has always been, and remains, ready and willing to engage in meaningful discussions to resolve the access to justice crisis and bring an end to this dispute,” the association stated.
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