Payments to barristers by DPP rose 11% to €15.2m

PAYMENTS MADE by the Director of Public Prosecutions (DPP) to barristers last year increased by 11 per cent to €15.2 million in spite of the Government imposing an 8 per cent cut on lawyers’ fees in March 2009.

Figures provided by the DPP’s office yesterday show the €15.2 million was paid to 169 senior and junior counsel last year for the prosecution of cases in the criminal courts across the country.

Last year, the Government imposed an 8 per cent reduction in lawyers’ fees and in response to a planned further 8 per cent reduction, the DPP, James Hamilton, wrote to Minister for Finance, Brian Lenihan earlier this year to express “serious concern” over the impact the planned cut would have.

However, a spokesman for the Department of Finance confirmed yesterday that it had proceeded with the planned 8 per cent cut from April 1st last. He said: “This is necessary in light of the pressures on the public finances. Everybody must play their part.”

Commenting on the figures yesterday, a spokeswoman for the DPP’s office said: “Despite the reductions imposed on fee rates, the DPP’s office acknowledges that arising from a greater level of throughput of cases and a number of particularly lengthy cases, a higher total amount was spent on barristers’ fees in 2009 compared to 2008.” She added: “Some of the fees payable to individual counsel may relate to work undertaken at the end of 2008.”

The spokeswoman said that the 8 per cent reduction in barristers’ fees from April 1st meant that counsels’ fees “have been reduced since September 2008 in the order of 22 per cent”.

Director of the Bar Council, Jerry Carroll yesterday said the cuts in fees since September 2008 “are pretty severe”. He added: “It is a very stringent cut. We want to play our part and have been playing our part and the DPP has recognised this. We would have preferred if the case put forward by the DPP had gained resonance with the Minister.”

The figures show that 54 senior counsel received €4.7 million last year – an increase on the €4.1 million paid to senior counsel in 2008, while €10.5 million was paid to 115 junior counsel compared to the €9.6 million paid to 118 junior counsel in 2008.

The figures released show that the barrister who received the highest amount from the DPP last year was Limerick-based junior counsel, John O’Sullivan who received €386,050.

Thomas O’Connell SC, who successfully prosecuted Sharon Collins in her conspiracy to murder trial, received €320,462 in fees to prosecute cases last year.

Others to feature in the top five include Dominic McGinn who received €334,284 and Noel Whelan, an Irish Times columnist, who received €234,766.

Mary Ellen Ring SC, who prosecuted Eamon Lillis in his conviction of the manslaughter of his late wife, Celine Cawley, received €198,720 last year, while Isobel Kennedy SC, who prosecuted Ronald McManus in a trial where a jury last year found him guilty of the manslaughter of Melissa Mahon, received €165,788.

The DPP’s office yesterday confirmed that a senior counsel would now receive a “brief” or case fee of €7,919 for taking on a murder case in the Central Criminal Court — this covers preparatory work and the first day in court – and €1,736 for each subsequent day.

In similar cases, junior counsel are to receive a “brief” or case fee of €5,280 and €1,157 paid for each subsequent day after the first day.

In Circuit Court cases, junior counsel will receive a “brief” fee of €1,272 and €636 per day after the first day.

Big fees: top earners

Top 20 amounts paid to counsel in 2009 (figures inclusive of VAT; barristers unless indicated)

John O'Sullivan€386,050

Dominic McGinn€334,284

Thomas O'ConnellSC €320,462

Denis BuckleySC €263,186

Noel Whelan€234,766

Paul Carroll€207,630

Mary Ellen RingSC €198,720

Donal McCarthy€198,029

David Humphries€191,863

Garnet Orange€189,540

Martina Baxter€186,836

Kevin Segrave€186,740

Bernard CondonSC €186,201

Patricia McLaughlin€184,812

Alex OwensSC €181,735

Colm O'Briain€180,540

Dermot Sheehan€178,908

Vincent Heneghan€176,940

Conor Fahy€176,933

Sean GillaneSC €175,808