Breakthrough in Northern Ireland legal aid dispute

Naomi Long

The Criminal Bar Association (CBA) began a withdrawal of services from all legally-aided Crown Court cases at the start of the year in a major escalation of its campaign for legal aid fee increases.

Barristers point out that a 16 per cent uplift which took effect at the start of the year is not enough to reverse a deep real-terms cut compared with fee levels two decades ago.

The Department of Justice, which has rejected calls from the lady chief justice and MLAs to enter into mediation with the CBA, had proposed to carry out an “accelerated review” conditional on the CBA ending its action.

While that option appeared to have been taken off the table by Mrs Long last week after the CBA instead suggested allowing trials to proceed on a case-by-case basis, it is now back on following a “constructive” meeting between the justice minister and CBA representatives.

The CBA agreed at this meeting to exempt from its withdrawal of services the upcoming trial of Brandon John Rainey for the alleged murder of 21-year-old Chloe Mitchell in June 2023.

An exemption was already granted last month in respect of Stephen McCullagh’s trial for the alleged murder of Natalie McNally in December 2022.

Further meetings between the Department of Justice and the CBA are expected to take place this week.