Bar Council of Ireland
Encyclopedia
The Bar Council of Ireland is the regulatory and representative body for barrister
s practising law in the Republic of Ireland
. The Council is composed of twenty-five members composed of twenty elected members, four co-opted members and Attorney-General who holds office ex officio. The elected members are elected in annual elections in which ten members are elected for two-year terms. Each year five members are elected from amongst senior counsel and five from amongst junior council.
The Bar Council operate the Law Library which has premises in the Four Courts
, Church Street and in the Criminal Courts of Justice in Dublin, and a smaller library in Cork
. Membership of the Law Library is, in effect compulsory for barristers wishing to practise in the Republic, and is often used as a metonym for the Irish Bar itself. Prior to the creation of the Bar Council in 1897, barristers in Ireland were only loosely organised through their occupation of a physical premises of the Law Library.
Before 1984, the Bar Council of Ireland had no written code of conduct. Since 1984, in response to outside pressures from the Irish government and various regulatory authorities, the Bar Council of Ireland has produced various written codes of conduct and disciplinary codes. In March 2011 the National Competitiveness Council said the legal profession in Ireland and the services it provides have come to be seen as overpriced, unaccountable and archaic. However, change is on the way, following the commitment by Ireland under the EU/IMF Memorandum of Understanding no longer to allow the legal profession to run its own affairs.
Of the 10 Taoisigh since the founding of the State, six trained to be barristers: John A Costello, Liam Cosgrave
, Jack Lynch
, Garret FitzGerald
, Charles Haughey
and John Bruton
. Mary Robinson
, Ireland's first female president, was also a successful barrister before pursuing a career in politics and then human rights. President Mary McAleese
was a barrister and law lecturer. Seán MacBride
, who was the only person to be awarded both the Nobel Peace Prize and the Lenin Peace Prize, was also a barrister. Of the six Irish Commissioners since 1973, four have been barristers: Richard Burke
, Michael O'Kennedy
, Peter Sutherland
and David Byrne
. Patrick Pearse
, the leading Irish revolutionary of the twentieth century, had an early interest in the law, trained to be a barrister at the King’s Inns and was called to the Bar in 1901. He practised at the Bar for a time, but instead of pursuing a legal career he decided to spend his life challenging the existing authority in the country. Edward Carson,famous orator and Unionist politician, began his career as a barrister. The first leader of the Irish Parliamentary Party was Isaac Butt
, one of the most skilled barristers of the day. The most important Irish politician of the nineteenth century, Daniel O’Connell was one of the most distinguished barristers of his day. Robert Emmet
, Irish revolutionary, studied at the King’s Inns; the brilliance of his speech from the dock captured the popular imagination and created a powerful and enduring legend. Other famous Irish barristers include Wolfe Tone and Henry Grattan
.
) found that there was no statutory basis for the Bar Council's setting and enforcing of professional standards for Irish barristers.
Barristers were allowed to advertise their services for the first time in 2008, subject to guidelines published by the Bar Council. The information may be illustrated by a "passport-style photograph of the barrister."
Notwithstanding its status as a private, unincorporated association the Bar Council has been designated as one of the state's two competent authorities for the regulation of the legal profession within the state (the other being the Law Society of Ireland
. These regulations define a barrister
as "a person who has been called to the Bar of Ireland and who complies with the requirements of the Bar Council as to professional practice".
), as well as two large stand-alone buildings on nearby Church St, and a small law library in Cork city, owned by Law Library Properties Ltd, a private company. Today, the Bar Council of Ireland administers the various Law Library premises, although as it is not a formal legal entity and so cannot own property, it relies on some of its barrister-members to act as directors of Law Library Properties Ltd.
(until 1885, all intending Irish barristers were obliged to “keep terms” in an English Inns of Court before being called to the Irish Bar and being entitled to practise as barristers in Ireland
), for much of the nineteenth century it appeared that a chambers system for barristers would catch on in Ireland. Initially, the benchers of King's Inns
themselves made plans to build chambers for Irish barristers, in the vicinity of Dublin’s Henrietta St. From about 1793, the benchers went so far as to decide to have chambers built, both by the King's Inns and by barristers who would lease building land from the benchers for their own chambers. Deposits were levied annually from new barristers and solicitors, and rules were even agreed by the benchers for the regulation of tenancies by Irish barristers in chambers. Despite the levying of barristers by the benchers however, due to practical objections raised by architect James Gandon
concerning the difficulty of building the main King's Inns building at the same time as private chambers, barristers’ chambers were never built by the benchers and the idea of chambers for Irish barristers has languished to the present day. However, in recent times there would appear to be an increasing number of de facto
Irish barristers’ chambers coming into existence in private and segregated premises adjacent to the Four Courts, such as Arran Square, the Capel Building, the Ormond Building all in Dublin along with Washington Street chambers in Cork and Bank Place in Limerick
.
's Fair Trade Commission, which had spent the previous four years examining the legal profession in Ireland
, presented its report on the legal professions to the Minister for Industry and Commerce.
The Commission found that the Bar Council's requirement that practising barristers must be members of the Law Library was "restrictive and unfair, and against the common good
. The requirement should be removed, failing which it should be prohibited by means of a Restrictive Practices Order."
The Commission said that
It went on:
It concluded:
on 13 June 2000, Jan O'Sullivan
asked "when the Government first granted patents of precedence
to barristers at the Irish Bar; the historical circumstances giving rise to the decision to make the grant of patents of precedence to barristers at the Irish Bar by the Government; the basis for the grant of patents of precedence by the Government to barristers at the Irish Bar; and if he will make a statement on the matter.” Taoiseach
Bertie Ahern
replied:
On 4 July 2001 Ahern stated the Government had "no plans to change the procedures for the granting of patents of precedence.”
In 1990, the Fair Trade Commission
reported
The Commission concluded
In 2009, the Special Group on Public Service Numbers and Expenditure Programmes said that it had
The Group recommended that "the abolition of the artificial distinction between junior and senior counsel should be pursued as soon as possible."
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s practising law in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
. The Council is composed of twenty-five members composed of twenty elected members, four co-opted members and Attorney-General who holds office ex officio. The elected members are elected in annual elections in which ten members are elected for two-year terms. Each year five members are elected from amongst senior counsel and five from amongst junior council.
The Bar Council operate the Law Library which has premises in the Four Courts
Four Courts
The Four Courts in Dublin is the Republic of Ireland's main courts building. The Four Courts are the location of the Supreme Court, the High Court and the Dublin Circuit Court. The building until 2010 also formerly was the location for the Central Criminal Court.-Gandon's Building:Work based on...
, Church Street and in the Criminal Courts of Justice in Dublin, and a smaller library in Cork
Cork (city)
Cork is the second largest city in the Republic of Ireland and the island of Ireland's third most populous city. It is the principal city and administrative centre of County Cork and the largest city in the province of Munster. Cork has a population of 119,418, while the addition of the suburban...
. Membership of the Law Library is, in effect compulsory for barristers wishing to practise in the Republic, and is often used as a metonym for the Irish Bar itself. Prior to the creation of the Bar Council in 1897, barristers in Ireland were only loosely organised through their occupation of a physical premises of the Law Library.
Before 1984, the Bar Council of Ireland had no written code of conduct. Since 1984, in response to outside pressures from the Irish government and various regulatory authorities, the Bar Council of Ireland has produced various written codes of conduct and disciplinary codes. In March 2011 the National Competitiveness Council said the legal profession in Ireland and the services it provides have come to be seen as overpriced, unaccountable and archaic. However, change is on the way, following the commitment by Ireland under the EU/IMF Memorandum of Understanding no longer to allow the legal profession to run its own affairs.
Famous Barristers
Liam Cosgrave
Liam Cosgrave is an Irish Fine Gael politician who served as Taoiseach and as Leader of Fine Gael . He was a Teachta Dála from 1943 to 1981....
, Jack Lynch
Jack Lynch
John Mary "Jack" Lynch was the Taoiseach of Ireland, serving two terms in office; from 1966 to 1973 and 1977 to 1979....
, Garret FitzGerald
Garret FitzGerald
Garret FitzGerald was an Irish politician who was twice Taoiseach of Ireland, serving in office from July 1981 to February 1982 and again from December 1982 to March 1987. FitzGerald was elected to Seanad Éireann in 1965 and was subsequently elected to Dáil Éireann as a Fine Gael TD in 1969. He...
, Charles Haughey
Charles Haughey
Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil...
and John Bruton
John Bruton
John Gerard Bruton is an Irish politician who served as Taoiseach of Ireland from 1994 to 1997. A minister under two taoisigh, Liam Cosgrave and Garret FitzGerald, Bruton held a number of the top posts in Irish government, including Minister for Finance , and Minister for Industry, Trade,...
. Mary Robinson
Mary Robinson
Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate...
, Ireland's first female president, was also a successful barrister before pursuing a career in politics and then human rights. President Mary McAleese
Mary McAleese
Mary Patricia McAleese served as the eighth President of Ireland from 1997 to 2011. She was the second female president and was first elected in 1997 succeeding Mary Robinson, making McAleese the world's first woman to succeed another as president. She was re-elected unopposed for a second term in...
was a barrister and law lecturer. Seán MacBride
Seán MacBride
Seán MacBride was an Irish government minister and prominent international politician as well as a Chief of Staff of the IRA....
, who was the only person to be awarded both the Nobel Peace Prize and the Lenin Peace Prize, was also a barrister. Of the six Irish Commissioners since 1973, four have been barristers: Richard Burke
Richard Burke
Richard Burke is a former senior Irish Fine Gael politician and a European Commissioner.Dick Burke was born in New York in the United States in 1932. He was raised in Tipperary and educated at the Christian Brothers School, Thurles, University College Dublin and King's Inns. He worked as a...
, Michael O'Kennedy
Michael O'Kennedy
Michael O'Kennedy is a former Irish Fianna Fáil politician, who served in a range of cabinet positions, most notably as Minister for Foreign Affairs, Minister for Finance and Irish European Commissioner.-Early life:...
, Peter Sutherland
Peter Sutherland
Peter Denis Sutherland, KCMG is an Irish international businessman and former Attorney General of Ireland, associated with the Fine Gael party . He is a barrister by profession, and is also Senior Counsel at the Irish Bar...
and David Byrne
David Byrne
David Byrne may refer to:*David Byrne , musician and former Talking Heads frontman**David Byrne , his eponymous album*David Byrne , Irish footballer*David Byrne , English footballer...
. Patrick Pearse
Patrick Pearse
Patrick Henry Pearse was an Irish teacher, barrister, poet, writer, nationalist and political activist who was one of the leaders of the Easter Rising in 1916...
, the leading Irish revolutionary of the twentieth century, had an early interest in the law, trained to be a barrister at the King’s Inns and was called to the Bar in 1901. He practised at the Bar for a time, but instead of pursuing a legal career he decided to spend his life challenging the existing authority in the country. Edward Carson,famous orator and Unionist politician, began his career as a barrister. The first leader of the Irish Parliamentary Party was Isaac Butt
Isaac Butt
Isaac Butt Q.C. M.P. was an Irish barrister, politician, Member of Parliament , and the founder and first leader of a number of Irish nationalist parties and organisations, including the Irish Metropolitan Conservative Society in 1836, the Home Government Association in 1870 and in 1873 the Home...
, one of the most skilled barristers of the day. The most important Irish politician of the nineteenth century, Daniel O’Connell was one of the most distinguished barristers of his day. Robert Emmet
Robert Emmet
Robert Emmet was an Irish nationalist and Republican, orator and rebel leader born in Dublin, Ireland...
, Irish revolutionary, studied at the King’s Inns; the brilliance of his speech from the dock captured the popular imagination and created a powerful and enduring legend. Other famous Irish barristers include Wolfe Tone and Henry Grattan
Henry Grattan
Henry Grattan was an Irish politician and member of the Irish House of Commons and a campaigner for legislative freedom for the Irish Parliament in the late 18th century. He opposed the Act of Union 1800 that merged the Kingdoms of Ireland and Great Britain.-Early life:Grattan was born at...
.
Regulation
The Bar Council of Ireland's code of conduct was changed in 13 March 2006, in response to the Irish Competition Authority's critical stance, in a preliminary report on the barristers' profession, toward the Bar Council of Ireland's anti-competitive or restrictive practices. In December 2006, the Competition Authority produced a detailed report criticising many of the anti-competitive barriers and restrictive practices created and enforced by the Bar Council of Ireland. Three months later, the Government's Better Regulation Unit (a branch of the Department of the TaoiseachTaoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
) found that there was no statutory basis for the Bar Council's setting and enforcing of professional standards for Irish barristers.
Barristers were allowed to advertise their services for the first time in 2008, subject to guidelines published by the Bar Council. The information may be illustrated by a "passport-style photograph of the barrister."
Notwithstanding its status as a private, unincorporated association the Bar Council has been designated as one of the state's two competent authorities for the regulation of the legal profession within the state (the other being the Law Society of Ireland
Law Society of Ireland
The Law Society of Ireland is the educational, representative and regulatory body of the solicitors' profession in the Republic of Ireland...
. These regulations define a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
as "a person who has been called to the Bar of Ireland and who complies with the requirements of the Bar Council as to professional practice".
Difference between the “Bar Council of Ireland” and the “Law Library”
The “Law Library” predates the creation of the Bar Council of Ireland by up to 100 years. The Law Library was originally a small room attached to the Four Courts intended to accommodate barristers before and between court appearances (before there was a Law Library, barristers simply stood around the main hall of the Four Courts to attract clients). Today, the Law Library extends to a collection of rooms behind the main Four Courts building (owned and maintained by the Office of Public WorksOffice of Public Works
The Office of Public Works is a State Agency of the Department of Finance in the Republic of Ireland...
), as well as two large stand-alone buildings on nearby Church St, and a small law library in Cork city, owned by Law Library Properties Ltd, a private company. Today, the Bar Council of Ireland administers the various Law Library premises, although as it is not a formal legal entity and so cannot own property, it relies on some of its barrister-members to act as directors of Law Library Properties Ltd.
Why are there no barristers chambers in Ireland?
Following on from their close historical linkages to the English Inns of CourtInns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
(until 1885, all intending Irish barristers were obliged to “keep terms” in an English Inns of Court before being called to the Irish Bar and being entitled to practise as barristers in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
), for much of the nineteenth century it appeared that a chambers system for barristers would catch on in Ireland. Initially, the benchers of King's Inns
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...
themselves made plans to build chambers for Irish barristers, in the vicinity of Dublin’s Henrietta St. From about 1793, the benchers went so far as to decide to have chambers built, both by the King's Inns and by barristers who would lease building land from the benchers for their own chambers. Deposits were levied annually from new barristers and solicitors, and rules were even agreed by the benchers for the regulation of tenancies by Irish barristers in chambers. Despite the levying of barristers by the benchers however, due to practical objections raised by architect James Gandon
James Gandon
James Gandon is today recognised as one of the leading architects to have worked in Ireland in the late 18th century and early 19th century. His better known works include The Custom House, the Four Courts, King's Inns in Dublin and Emo Court in Co...
concerning the difficulty of building the main King's Inns building at the same time as private chambers, barristers’ chambers were never built by the benchers and the idea of chambers for Irish barristers has languished to the present day. However, in recent times there would appear to be an increasing number of de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
Irish barristers’ chambers coming into existence in private and segregated premises adjacent to the Four Courts, such as Arran Square, the Capel Building, the Ormond Building all in Dublin along with Washington Street chambers in Cork and Bank Place in Limerick
Limerick
Limerick is the third largest city in the Republic of Ireland, and the principal city of County Limerick and Ireland's Mid-West Region. It is the fifth most populous city in all of Ireland. When taking the extra-municipal suburbs into account, Limerick is the third largest conurbation in the...
.
Analysis and criticism of the Bar Council/Law Library
In 1990, the Irish GovernmentIrish Government
The Government of Ireland is the cabinet that exercises executive authority in Ireland.-Members of the Government:Membership of the Government is regulated fundamentally by the Constitution of Ireland. The Government is headed by a prime minister called the Taoiseach...
's Fair Trade Commission, which had spent the previous four years examining the legal profession in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, presented its report on the legal professions to the Minister for Industry and Commerce.
The Commission found that the Bar Council's requirement that practising barristers must be members of the Law Library was "restrictive and unfair, and against the common good
Common good
The common good is a term that can refer to several different concepts. In the popular meaning, the common good describes a specific "good" that is shared and beneficial for all members of a given community...
. The requirement should be removed, failing which it should be prohibited by means of a Restrictive Practices Order."
The Commission said that
- [t]he insistence by the Bar Council that practising barristers should be members of the Law Library seems to the Commission to be unacceptable, in view of the fact that it restricts the right to practice of someone who has been called to the BarBar (law)Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
and thus conferred with the right to practice in all the courts of Ireland... We envisage a situation where membership of the Law Library would be optional.
It went on:
- The requirement that a person will not practice as a barrister unless he becomes and remains a member of the Law Library [introduced in 1985] should be abolished. Discriminatory entry fees to the Law Library and discriminatory treatment of persons who had been called to the Bar in the past and who wish to practice and/or join the Law Library, should also be abolished. The King's InnsKing's InnsThe Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...
and the Bar Council, as the case may be, should be invited to delete these requirements, failing which they should be removed by legislation. The Government should also cease to issue letters patent by which a barrister may be called to the Inner Bar, and this would require no amending legislation. While it might be necessary to allow existing Senior CounselSenior CounselThe title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
to retain the title and while the Bar should not be prohibited from conferring the title of Senior Counsel upon any barrister as a mark of honour, there should be no rules as to the type of work done or the fees charged by Senior Counsel. All references to Senior Counsel of this nature in the existing rules of the Bar Council should be deleted, preferably by the Bar Council itself, failing which prohibitory legislation would be required.
It concluded:
- The Commission does not consider that membership of the Law Library is essential for practice as a barrister - both the Bar in CorkCork (city)Cork is the second largest city in the Republic of Ireland and the island of Ireland's third most populous city. It is the principal city and administrative centre of County Cork and the largest city in the province of Munster. Cork has a population of 119,418, while the addition of the suburban...
and the English Bar, for example, manage without one - nor does it consider that any of its recommendations... would lead necessarily to the dissolution or diminution of the Law Library. If there are important functions to be performed by virtue of the institution of the Law Library - such as a repository of reference books and a place where legal knowledge and wisdom can be exchanged - then it will continue in being irrespective of where barristers actually do their work, and irrespective of how barristers are organised to offer their services. Barristers could run well-equipped offices as well as use the Law Library, and, given the low cost of operating exclusively from the Law Library, it is likely that many barristers would continue to use it as their exclusive or primary place of work.
Distinction between junior and senior counsel
In Dáil ÉireannDáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
on 13 June 2000, Jan O'Sullivan
Jan O'Sullivan
Jan O'Sullivan is an Irish Labour Party politician. She is a Teachta Dála for Limerick City constituency and is the current Minister of State for Trade and Development.-Personal life:...
asked "when the Government first granted patents of precedence
Patent of precedence
A patent of precedence is a grant to an individual by letters patent of a higher social or professional position than the precedence to which his ordinary rank entitles him.-Historical user in the English legal profession:...
to barristers at the Irish Bar; the historical circumstances giving rise to the decision to make the grant of patents of precedence to barristers at the Irish Bar by the Government; the basis for the grant of patents of precedence by the Government to barristers at the Irish Bar; and if he will make a statement on the matter.” Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
replied:
- Since the establishment of the StateIrish Free StateThe Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
, the Government has granted patents of precedence to barristers leading to the call to the senior Bar by the Chief Justice. Historically, at common lawCommon lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, the grant of silk was an exercise of the royal prerogativeRoyal PrerogativeThe royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
. The transfer of functions which had previously been dependent on the royal prerogative, to the Executive Council of Saorstát ÉireannExecutive Council of the Irish Free StateThe Executive Council was the cabinet and de facto executive branch of government of the 1922–1937 Irish Free State. Formally, the role of the Executive Council was to "aid and advise" the Governor-General who would exercise the executive authority on behalf of the King...
was clarified by section 2 of the Executive Powers (Consequential Provisions) ActExecutive Powers (Consequential Provisions) ActThe Executive Powers Act, 1937 was an Act of the Oireachtas which retrospectively completed the abolition of the Governor-General of the Irish Free State....
, 1937. The function is now exercised by the Government as successor to the executive council and is no longer dependent on the royal prerogative.
On 4 July 2001 Ahern stated the Government had "no plans to change the procedures for the granting of patents of precedence.”
In 1990, the Fair Trade Commission
Fair Trade Commission
Fair Trade Commission may refer to:*Fair Trade Commission *Fair Trade Commission *Fair Trade Commission...
reported
- [t]he position of Senior Counsel appears to the Commission to be somewhat unusual... Solicitors cannot become Senior Counsel even if they practice as advocates in the Superior Courts. The appointment of Senior Counsel is not based upon obvious merit and certainly not upon qualifying tests of any sort. The appointment procedure is not transparent, and the fact that appointment is made by the Government in a profession which proudly defends its independence, and is not regulated by statute, appears to be highly anomalous. The Commission considers that the existing formal distinction between Senior and Junior Counsel has features which are restrictive and discriminatory. If certain barristers wish to limit the type of work which they do, and to set their own high fees, they should be free to do so, and to make this information known directly to their clients, without the need for the artificial differentiation by title. Leading barristers should become known by their ability and reputation, as in other professions, rather than by being identified in some mysterious fashion by the Government. The legal system could function perfectly satisfactorily without the titular honour of Senior Counsel... The Commission recommends, therefore, that the appointment of Senior Counsel should not be made by the Government. At the same time, if the title of Senior Counsel were to be conferred by the profession itself as a mark of honour only, with no rules, guidelines or accepted practices as to the type of work done or the level of fees charged by Senior Counsel, the worst features of the system would be eliminated, and the practice would be unexceptionable.
The Commission concluded
- [t]he Government should also cease to issue letters patent by which a barrister may be called to the Inner Bar, and this would require no amending legislation. While it might be necessary to allow existing Senior Counsel to retain the title and while the Bar should not be prohibited from conferring the title of Senior Counsel upon any barrister as a mark of honour, there should be no rules as to the type of work done or the fees charged by Senior Counsel. All references to Senior Counsel of this nature in the existing rules of the Bar Council should be deleted, preferably by the Bar Council itself, failing which prohibitory legislation would be required.
In 2009, the Special Group on Public Service Numbers and Expenditure Programmes said that it had
- looked at the difference in the level of legal fees payable to junior and senior counsel. The Government, at its discretion, grants Patents of Precedence at the Bar on the recommendation of an Advisory Committee consisting of the Chief JusticeChief Justice of IrelandThe Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
, the President of the High Court, the Attorney GeneralAttorney General of IrelandThe Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
and the Chairman of the Bar Council. The Group is of the view that this distinction is unnecessary and contributes to higher legal costs payable by the State. Other jurisdictions function adequately without this hierarchy of legal professionals. The Group notes that this practice applies across the entire legal industry but considers that the removal of this distinction is unlikely to have a significant negative impact on the legal system
The Group recommended that "the abolition of the artificial distinction between junior and senior counsel should be pursued as soon as possible."
External links
- Bar Council of Ireland/Law Library combined site