Criminal barristers dispute
Aodhán Ó Ríordáin said the criminal justice system had effectively collapsed because barristers had withdrawn labour, blaming Government inaction. The Taoiseach said barristers’ role was recognised, legal aid fees were being discussed in the budget process, and the dispute should be resolved by negotiation.
Today, the criminal justice system has, effectively, collapsed under the Taoiseach's watch. Fine Gael has held the Department of Justice, in an unbroken manner, for 12 years. Today, the criminal courts are not sitting because criminal barristers have withdrawn their labour. This was notified to the Government on 12 July. Fine Gael has nobody else to blame because it holds the Ministry of Public Expenditure, National Development Plan Delivery and Reform and the Ministry of Justice.
The Government was notified on 12 July that the courts would not sit on 3 October because of a dispute around barristers' pay. Going back to May, a sexual assault case almost collapsed because of the lack of a senior counsel. Why are the Government parties collectively bystanders as the criminal justice system falls, almost in its entirety, today ? What has the Government done since 12 July to try to resolve that dispute?
On the same day, the Garda Síochána is effectively working to rule. Gardaí will be doing it every Tuesday this month, including Hallowe'en. I do not have to tell the Taoiseach that if we go to any community meeting anywhere in Dublin or across the country and we tell them that there will be a restricted Garda service on the night of Hallowe'en, the communities would understandably be concerned about that. What has the Government done? What has the Minister done to ensure that this dispute can be resolved? She stated it is not under her jurisdiction; she cannot get involved. However, that is not so, because I took it upon myself, on behalf of the Labour Party, to write to the Policing Authority last week because Garda rostering is essentially an issue of managing and deploying Garda resources and, therefore, it falls under the remit of the authority. Under section 62H of the Garda Síochána Act 2015, "the Authority may do anything which it considers necessary or expedient to enable it to perform its functions ...". Under section 62O, "The Minister may request the Authority to prepare and submit to ... her a report in respect of any matter relating to policing services [including rosters], and the Authority shall comply with the request as soon as practicable after receiving it."
Criminal barristers are effectively on strike because the Government has done nothing since 12 July. The Policing Authority is effectively not being asked to have any view in the rostering dispute. This is completely and entirely the Taoiseach's fault. He cannot blame anybody else. What is the Taoiseach going to do about it?
Comment on this
On behalf of the Government, I want to say that we recognise the important and essential role played by barristers in undertaking criminal legal aid work and the Minister, Deputy McEntee, is currently engaged in discussions with the Minister for Public Expenditure, National Development Plan Delivery and Reform on the issue of criminal legal aid fees as part of the budgetary process. Of course, the budget will be presented to the Dáil in a week.
The scheduling of court cases and the allocation of court business are matters for the presidents of the courts and the presiding judges, who are, under the Constitution, independent in the exercise of their judicial functions. However, I have been advised by the Courts Service that, in the absence of legal representatives for any reason, it is open to each court and judge to adjourn a matter until another date. Representation by barristers varies across court jurisdiction and law type and it is not possible for the Courts Service to tell us how many cases may be impacted today.
With regard to the Garda overtime ban, which is occurring this Tuesday, next Tuesday and the Tuesday after, it is important to say that it relates to voluntary overtime. The Garda Commissioner assures us that policing will remain adequate and sufficient across each Tuesday, including today.
On the Policing Authority, I will have to look at the legislation to which the Deputy referred. I am not sure if it is the case that the authority has a role to play in this. It is an oversight body. It is there to hold gardaí and Garda management to account. I am not sure if it is the appropriate body to get involved in a rostering dispute but I will certainly consider what the Deputy suggested.
Comment on this
Any community, barrister or garda will listen to what the Taoiseach has said and feel as if it is somebody else's responsibility, not the Taoiseach's. The Taoiseach knew about this dispute coming since 12 July and he has let the criminal courts of justice fall today. The Bar Council states it has had no engagement. It falls completely and utterly on the Taoiseach, as the leader of Fine Gael, which holds the Ministry for Public Expenditure, National Development Plan Delivery and Reform and the Ministry for Justice, to do something about it because we could have the courts closed again next month.
On the Garda issue, the Policing Authority has an absolute role to play, but has the Minister even asked it? It appears that the Taoiseach wants to deflect and say that it is everybody else's fault, except his. Deputy Varadkar is the Taoiseach. Fine Gael has these Ministries under its jurisdiction. It feels as if the criminal system is collapsing on his watch but he feels it is somebody else's responsibility to sort it out.
Comment on this
I am informed by the Minister, Deputy McEntee, that the Policing Authority has said it does not have a role to play in rosters-----
Comment on this
On the barristers dispute, I do not think the criminal justice system is collapsing. This is a one-day withdrawal of labour. Barristers are protesting and they have every right to protest. We live in a democracy. I can understand the case they are making. Just like public servants and the vast majority of people across the public and private sector, they have seen their pay and fees restored but that has to be done by negotiation. It was always understood that it would have to be done as part of the budget for next year-----
Comment on this
----- and also as part of the discussions around reforms. When we reversed the fee cuts for GPs there were changes; there was loss of private income.
Comment on this
It was by negotiation. There is no process.