CBA chairman to vote 'No' in upcoming 'no returns' ballot

The chairman of the Criminal Bar Association (CBA) has announced that he will be voting 'No' to strike action in the controversial barrister ballot this month.

In his latest address to the Bar, Tony Cross QC, of Lincoln House Chambers, said that the democratic vote will shape the future of the barrister profession.

Cross explained that the CBA had been at the 'heart of efforts' to defend quality and preserve a future for the Bar, while, by comparison, not one firm has withdrawn its tender for two-tier legal aid contracts.

'We should not forget that only 500 firms have put in 1099 bids for 527 contracts. Is it too much to ask of those 500 firms to withdraw their bids? In that way these firms would show solidarity with their weaker colleagues and with the Bar. But more importantly this would not be a fight about pounds, shillings and pence but a fight about principle and access to justice.'

The CBA chief added that it had established a good working relationship with the Ministry of Justice (MoJ) as 'negotiation and engagement remain essential even when parties disagree'.

'Regardless of what the membership may decide, direct action without dialogue is irrational,' said Cross. 'Few relationships are perfect and I am not saying it is. They persist with two-tier but remember we have not rolled over in that regard.'

Cross also defended the new Lord Chancellor, Michael Gove, and came out fighting against those who have accused him of naively believing in government spin.

'[The Lord Chancellor] has demonstrated his commitment to the Bar. Read his speech. Look at his deeds. There has been no cut in advocacy fees. What more do you expect? Blood? What more could he say or do in the time that has elapsed since the election? I am accused of naivety. I deny it.'

The Garden Court Chambers door tenant said, however, that he could not ignore the reality of the situation. 'Up until last week when some began "unofficial" action, all our energy was devoted to negotiating with government. I simply do not understand how anyone can form the view that we should move to action before negotiations had broken down.

'And even then (even if we had an unsympathetic Lord Chancellor) we would still have to assess the risk involved of action,' he added.

'Many of my closest friends outside the Bar will suffer as a consequence of this cut. They though understand the position. But that will not stop me saying what I believe is right,' Cross concluded.

Cross' latest address to CBA members may not go down well with legal aid solicitors already on the picket lines who declared they would not take new legal aid instructions from the 1 July, and those chambers who have already decided to adopt a 'no returns' policy.

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD