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Striking barristers to vote on pay proposals Striking barristers to vote on pay proposals
(about 3 hours later)
Barristers outside Bristol Crown Court earlier this month supporting the strikeBarristers outside Bristol Crown Court earlier this month supporting the strike
Barristers will be asked to vote on whether to end strike action after fresh proposals from government. The government is offering barristers tens of millions of pounds in extra payments in a bid to end a strike which has seen record criminal court delays in England and Wales.
The Ministry of Justice (MoJ) said its proposals to end the strike offered a further investment of £54m, including fee increases for legal aid work. The offer includes higher fees for more cases, including those which have not yet reached the stage of a full trial.
The Criminal Bar Association (CBA), which represents barristers, said "constructive talks had accelerated" and proposals would be balloted on. But the government has not improved its 15% pay offer, and barristers want 25%.
Walkouts first started in April causing delays to cases in England and Wales. The Criminal Bar Association (CBA) said it would ballot its members on whether to accept the offer and end the strike.
In a statement released on Thursday, a spokesperson for the CBA said: "The members of the CBA will be balloted on suspending action on the basis of an interim package." The barristers' strike added to an existing backlog of cases in the courts which resulted from the impact of Covid, and cuts to the criminal justice system.
The spokesperson added that the CBA leadership had been clear any "material improvement" in proposals put forward from government which met its six balloted demands would be put to the membership to vote on. The CBA estimates 8,500 people are on remand awaiting trial.
The CBA has been calling for a 25% rise in legal aid fees for representing defendants who cannot otherwise afford lawyers. Judges unlawfully releasing defendants, court hears
Members have staged intermittent walkouts since the end of June, but industrial action was ramped up in September when they began an indefinite, uninterrupted strike. 'The system is falling apart and victims let down'
Barristers are due to receive a 15% fee rise from the end of September, meaning they will earn £7,000 more per year. Barristers start indefinite strike action over pay
There have been concerns the proposed pay rise would not be made effective immediately and apply only to new cases. The MoJ has since said it would apply to the "vast majority of cases currently in the crown court". Walkouts began in June after years of complaints from criminal barristers that the system of legal aid, which makes up the bulk of their pay, had resulted in cuts to their income of 35% in the last decade.
Brandon Lewis, the new justice secretary, described the proposals his department had put forward as "generous" and called on CBA members to end strike action. The industrial action was ramped up in September when the CBA began an indefinite, uninterrupted strike.
"My priority in these discussions has been to ensure that victims aren't forced to wait longer to see justice done," he said. Barristers are self-employed and largely paid for the time they spend in court taking part in trials.
The government had offered to increase rates by 15% but only for new cases, with payment to be made after the main hearing or trial in each case.
Because of the backlog in the courts, barristers faced waits of several years to receive the higher legal aid payments.
The government has agreed to bring forward the higher rate of legal aid to cover most current cases now in court, regardless of whether they have reached the trial stage.
The deal will cost the government £54m, with most of it to be spent bringing forward the legal aid payments, which will apply to barristers and solicitors.
'Generous proposals'
Justice Secretary Brandon Lewis said: "My priority in these discussions has been to ensure that victims aren't forced to wait longer to see justice done.
"These are generous proposals, and I would strongly urge all members of the Criminal Bar Association to consider carefully, end their strike and work with me to deliver better outcomes for victims of crime."
Mr Lewis has also agreed to add extra payments totalling £3m for case preparation work, which previously went unpaid.
There also will be £4m in new payments for barristers to take part in a new system of pre-recorded evidence sessions, designed to be less stressful for vulnerable witnesses.
Finally, the package includes £5m in fees for work in youth courts, and more money for solicitors.
Brandon Lewis was sworn in as Lord Chancellor on ThursdayBrandon Lewis was sworn in as Lord Chancellor on Thursday
The CBA, which represents barristers, is irritated the deal was made public by the government before it could inform its core membership.
"That really has not helped," a CBA source said.
It stressed that trust in the government among barristers, particularly those in the early stages of their career, was at "rock bottom".
Kirsty Brimelow, who chairs the CBA, later added: "The offer from government has resulted from constructive talks between the Ministry of Justice and the leadership of the CBA.
"This offer represents substantial positive movement from government. As a result, the offer will be put to a ballot."
Details will be announced later on Thursday of how the ballot will be run.
Separately, the Law Society, representing solicitors, warned it would advise its members not to undertake criminal defence work if their fees do not rise in line with barristers.
"Reaching a compromise with criminal barristers but not providing parity for solicitors is short-sighted," said Law Society president Stephanie Boyce.
Thousands of workers across different industries have taken, or considered taking, strike action this year.Thousands of workers across different industries have taken, or considered taking, strike action this year.
Railway unions are in a continuing dispute with the government and railway companies over pay, job cuts and changes to terms and conditions. Refuse workers, Royal Mail workers and workers at container ports also walked out over the summer. Railway unions are in a continuing dispute with the government and railway companies over pay, job cuts and changes to terms and conditions. Refuse workers, Royal Mail staff and employees at container ports have also walked out.