‘No quick fix’ after hundreds of crown court cases affected by industrial action
Justice Minister Naomi Long said those cases affecting the most vulnerable are being prioritised.
There is “no quick fix” after hundreds of crown court cases were affected by industrial action by criminal barristers, MLAs have been told.
Stormont Justice Minister Naomi Long said those cases impacting on the most vulnerable are being prioritised, but warned that addressing the backlog will take some time.
The long-running industrial action by criminal barristers ended in June.
The legal counsel had withdrawn their services in legally-aided crown court cases amid a dispute with the Department of Justice.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 exempt 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) voted to return to all legally-aided crown court cases after Ms Long announced 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.
During questions for her department in the Assembly on Monday, Ms Long was asked for an update on the relisting and progression of crown court cases that were delayed as a result of the dispute.
The minister said: “The unwarranted and unnecessary withdrawal of services by the CBA has caused significant damage to the justice system.
“It has damaged efforts and progress we were already making to reduce delay, and more importantly it has damaged the victims and witnesses and defendants in the system it is suppose to serve.
“Work on recovery is ongoing, but with hundreds of cases at varying stages affected there is no quick fix.
“Listing is a judicial matter and the Lady Chief Justice issued guidance in June on initial prioritisation of cases which rightly focused on those involving the most vulnerable.
“That work continues, but in the absence of significant additional funding my department simply does not have, we will not get back to pre-withdrawal case levels for some time.
“Recovery for those affected by the withdrawal is more difficult to assess and may take longer still.
“We will, of course, continue to make all possible efforts to make inroads where we can.
“I will not allow anyone to lose sight of those who have impacted by the withdrawal, those who have been awaiting justice for far too long, those victims and witnesses who are suffering stress, uncertainty and continuing trauma.”
Ms Long also said she is focusing on working with justice system partners to make sure the situation never arises again.
She said she has taken “all possible steps” to implement the recommended criminal legal aid fee increases at pace.
“I have already consulted on proposals and the draft legislation and the business case is in train to allow implementation by the end of the mandate,” she said.
“The uplifts are not affordable within my existing budget and so I will need Executive colleagues to agree to implementation. I have already written to them in that regard and I hope a decision will soon be reached.”
She went on: “I have regular meetings with the Criminal Bar and Law Society, indeed I am due to meet both in the next week.
“My officials continue to work with both organisations to ensure that we make the changes that are required and work closely with them to do that.
“Clearly relationships are a two-way street so there is effort required on all sides to make sure that we don’t find ourselves in this situation again.”
Opposition leader Matthew O’Toole put to Ms Long that her relationship with the Criminal Bar had “completely broken down”.
Ms Long responded by saying she did not believe their relationship had broken down.
“I have met with the Criminal Bar, we agreed a way forward, I am now implementing that way forward,” she said.
“My officials meet with them on a regular basis to keep them updated and I will be meeting with the Law Society and the Bar.”