Judicial Clothing - Commonwealth Countries - Republic of Ireland - Counsel

Counsel

Barristers' dress in Ireland is almost unchanged since the pre-Independence era. Counsel may not exercise his right of audience unless he is properly attired. It is provided in Order 119 rule 3 of the Rules of the Superior Courts as follows:

Senior and Junior Counsel shall appear, when in court, habited in a dark colour and in such robes and bands and with such wigs as have heretofore been worn by Senior and Junior Counsel respectively, and no Counsel shall be heard in any case during the sittings unless so habited.

While the forthcoming reforms to court dress will have profoundly altered matters in England by 2008, for the present it may be said that Irish barristers robe similarly to their English counterparts. Such robes are worn by barristers in all courts, including the District Court. Like Queen's Counsel in England, Senior Counsel generally wear a short bar wig and black silk or poplin gown with flap collar and long, closed sleeves over a buttoned and broad-cuffed court coat. Their shirts will have a detachable stiff wing collar, worn with bands. Junior Counsel wear a short bar wig and black poplin or stuff bar gown (which has a gathered yoke and short, open sleeves) over a dark three-piece suit with similar wing collar and bands. While it is not unknown for female barristers to wear a blouse with separate bands much like male colleagues, more commonly they would wear a starched white all-in-one collarette or bib covering their neckline that approximates in looks to a tall Mandarin collar and bands.

Section 49 of the Courts and Court Officers Act 1995, however, did abolish the requirement that barristers should wear wigs in court. To this extent only, the wording of the Rules of Court above is somewhat out of date. (All counsel still must wear a gown and bands etc.) By affording individual barristers a discretion to wear the forensic wig in court, the new rule defused what had become an increasingly bitter debate in the profession whether it was appropriate to cleave to anachronistic modes of dress - even as a traditional and undoubtedly recognizable uniform - and avoided a more drastic solution, such as the abandonment of wigs or gowns altogether. Accordingly, there is little contemporary call for reform of court dress in Ireland.