Message from the Chair

Engagement with the Minister

Representatives of Council met recently with the Minister for Justice to discuss a range of issues of relevance to The Bar of Ireland, and the administration of justice.

A very happy new year to all members of the Law Library. Thankfully, the ‘mood music’ of Covid-19 seems to have turned another corner and optimism is in the air again. While there were delays in many lists, particularly upon our return in January, recent Government announcements indicate movement in a very positive direction, hopefully resulting in a return to normality. Immediately before the Christmas break I had the opportunity, along with some Council members, to meet with the Minister for Justice, Helen McEntee TD. The Minister’s office facilitates an annual meeting with The Bar of Ireland to discuss a range of matters that are of mutual concern in the justice sector. I took the opportunity to highlight the ongoing liaison between the Council and the Courts Service to address any obstacles to timely access to justice for all citizens that have arisen under the challenging conditions of the pandemic. For example, the delay in the County Registrar list in Dublin, seemingly caused by the backlog arising during Covid-19 restrictions, is now such that return dates were being given for the year 2023, although since our meeting, the Courts Service has made efforts to bring those dates forward into 2022. I asked the Minister to give consideration to the appointment of a second County Registrar in Dublin, either on a temporary or permanent basis, in order to address the unacceptable backlogs. She advised that the issue of increasing the numbers of Registrars, Deputy Registrars, Masters, etc., was a matter that has arisen in the Judicial Planning Review Group, and the opportunity to make better use of their role in case management was under consideration. It is hoped that the report of the Judicial Planning Review Group will include recommendations in respect of immediate resource needs, together with a medium-term workforce plan over five years for the judiciary, support staff and the office of the Registrar. Minister McEntee also pointed to the increased funding she had secured for the Courts Service modernisation programme, which was supported by the Department of Public Expenditure and Reform and the Department of Finance, and welcomed the participation of the Bar in the new Courts Service Modernisation Programme Legal Practitioners Engagement Working Group to identify opportunities to improve efficiencies in the operation of the Courts.

Forthcoming reports and State fees

The agenda for the meeting included discussions on a multiplicity of pressing matters, which included: the forthcoming implementation plan for the Kelly Report recommendations – the review of the administration of civil justice; the imminent publication of the new Family Law Justice Strategy and Bill expected in February 2022; the commencement of the forthcoming Review of the Civil Legal Aid Scheme and our desire to be included on that group; and, the Legal Services Regulatory Authority research underway in relation to legal services education and barriers to entry to the legal professions. A further issue for discussion during the meeting with the Minister was the criminal fee rates payable to barristers, and the fact that the FEMPI cuts have been addressed for every other sector within our society with the specific exception of barristers. I indicated that the Bar continued to be disappointed that the draconian cuts that were applied to the professional fees of criminal barristers during the period 2008-2011 had not been addressed in Budget 2022, and that the Minister for Public Expenditure and Reform had not met with The Bar of Ireland despite repeated requests over the last few years. The difficulties faced by younger barristers in developing their practice, in particular in the District Court, and the challenges in getting paid, were also raised. Minister McEntee undertook to raise the issue of professional fees again with the Minister for Public Expenditure and Reform. She noted that she had already done so and pointed to the ‘fairness’ issue highlighted by the Bar. She said that a Criminal Legal Aid Bill was due to be finalised during 2022 that will see the transfer of the administration of criminal legal aid to the Legal Aid Board. She also undertook to further investigate the District Court issue raised. Overall, the Minister’s engagement with those matters detailed on the agenda for discussion, which are all matters of concern to the Bar, was very positive. On behalf of the Council, I indicated our gratitude for the opportunity to again air our concerns regarding the multiplicity of issues that affect barristers on a day-to-day basis. It was again indicated to the Minister that those concerns have a direct impact upon the constitutional issues of access to justice, law and order, and human rights. On behalf of the Bar, I acknowledged the Minister’s commitment to considering and addressing the various issues raised, not to mention the fact that she afforded us the time to address her directly.

Finally, I would like to wish each and every one of us a healthy and successful term ahead.

Maura McNally SC

Senior Counsel, Barrister – Member of the Inner Bar Chair of the Council of The Bar of Ireland