The benches of Enniskillen Magistrates Court were practically empty on Monday morning criminal as solicitors and barrister staged a one-day strike as part of a dispute over legal fees.

Several short cases were heard on Monday but with no legal representation for defendants, most were adjourned.

Local legal sources have stated that both the Solicitors Criminal Bar Association and Law Society have "engaged" with the Department of Justice (DoJ) in attempting to remedy the "manifest difficulties in the funding of criminal legal aid and the impact that this has had on Access to Justice".

"In particular, we welcomed and engaged heavily in the Fundamental Review of Legal aid (the Burgess review) and contributed substantial material to this review," they said. 

"Through our efforts and reports from Hook Tanzaga and Goldblatt McGuigan, it was clearly demonstrated that the current rate of remuneration is unprofitable and unsustainable. In fact, the conclusion reached was that the Criminal Justice System was at the point of collapse, due to the failure to provide adequate funding for criminal defence services.

"Repeated failures to implement any inflationary rise in rates ( the current Crown court fees are based on 1992 rates, and in fact have been reduced on review) , coupled with the massive increase in cost of living that impacts heavily on solicitor’s firms, ( wages, rent, rates, heat, electric etc), has meant that payments do not provide fair remuneration and cannot generate profit.

"Our expectation was that the Burgess Report would be published as soon as it was received by the DoJ, allowing us to work with them to resolve this critical situation."

The source said the day of action was to demand the immediate publication of the Burgess Review,  an immediate interim increase in rates of remuneration in criminal legal aid to restore the former rates and to reflect increased inflationary and cost of living costs, a realistic proposal from DoJ as to how they will fill the current ( and rising) £30 million deficit in their budget for work already done and not yet paid, a commitment by DoJ for immediate and meaningful negotiations on future levels of remuneration across all aspects of criminal services.

Speaking in the Assembly this week about the strike, Justice Minister, Naomi Long said: "My Department has been consistently underfunded and I have been arguing for additional funding some time, but I am conscious of the need to also consider how we use the resources which are at our disposal.

"Pressure on the system is at an all-time high and increasing. In 2023/24 the Legal Services Agency paid out approximately £114m to legal professionals, the highest level in the history of legal aid.

"In the interests of ensuring we are delivering the best possible outcomes there is a need to look critically at that investment, to examine why pressures and spend are increasing, to review benefits, to assess whether intended effects are being achieved and whether different delivery models might generate better, quicker outcomes.

"We are lucky our justice system is supported and enabled by a wealth of talent and ability. Hard working staff in the Courts and Tribunals Service, a strong independent judiciary, a capable legal profession, a committed and driven voluntary sector and a range of other professionals are all dedicated to ensuring access to justice is protected and delivered."

Ms. Long said she expects to update the Assembly on details of a reform programme in the coming weeks.