A chara, –Further to your recent article (Colm Keena, "Court system could be changed for the better by pandemic", Analysis, August 27th), I would be grateful if you could permit me to contribute a practitioner-perspective on the impact of Covid-19 on the administration of justice, and in particular the operation of the courts.
From the outset, it must be acknowledged that the Courts Service has undertaken significant work since the inception of Covid-19 restrictions to allow the continued operation of the courts. Likewise, the flexibility of the judiciary has ensured that urgent matters continue to be dealt with, which has been a vital contribution to maintaining the rule of law during these challenging times.
However, the assertion of a cohort “making a fortune” is hugely uninformed when set against the impact the crisis has had on swathes of practitioners, the vast majority of whom work at the coal-face at District and Circuit Court levels across the State.
The impact of court restrictions on our members’ livelihoods has been stark. In a recent survey of our members, 44 per cent of barristers said that their income had fallen by in excess of 80 per cent during the initial Covid lockdown. An additional 31 per cent indicated that their income had fallen by between 60 per cent to 80 per cent. The financial sustainability of practice is a major concern for almost three-quarters of respondents, with a great number now facing the decision on whether to continue at the Bar.
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The implications of an exodus, while not immediate, will be severe for those seeking access to justice and indeed the wider public interest. Barristers are contributors to the smooth running and effectiveness of the legal system as a whole, and pivotal in the protection of citizens and their rights.
The level of “traffic” going through the courts has indeed dropped. This is not due to all cases simply transferring to an online setting; rather, since the crisis took hold, cases are simply not proceeding and have been postponed to 2021 and onwards, thus creating a scenario of backlogs and additional costs for the exchequer. Criminal jury cases have been particularly impacted and are only now set to recommence next week.
The suggestion that remote hearings are a panacea for all types of litigation, the “magic bullet” to achieve efficiencies, is erroneous. Remote hearings are suitable for only limited types of cases, such as appellate cases or preliminary applications such as motions and call-overs, rather than full hearings. They are not suitable for jury matters, civil or criminal.
I believe that all members of the Bar of Ireland look forward to the administration of justice continuing in a safe and secure setting, and as a body, we have engaged on an ongoing basis with the Courts Service in endeavours to achieve this goal. – Is mise,
MAURA McNALLY, SC
Member of the Inner Bar,
Chair of the Council
of the Bar of Ireland,
Dublin 7.