I propose to take Questions Nos. 13 and 54 together.
There is no dispute between my Department and the Law Society in relation to the operation of the criminal legal aid scheme by solicitors. Furthermore, the Law Society has not notified my Department of any threatened withdrawal of solicitors from the scheme with effect from 1 May next.
The position is that my Department has had consultations with the Law Society on the payment of a fee to solicitors for consultations with persons who are detained in Garda stations – at present, solicitors are not paid a fee for such consultations. The background to this matter and the current position with regard to same is as follows;
The Criminal Legal Aid Review Committee was established by my predecessor to review the operation of the criminal legal aid scheme under the Criminal Justice (Legal Aid) Act, 1962 and to make recommendations as to the manner in which the scheme might be improved so that it operates effectively and provides value for money. The committee commenced its review in January, 1997.
In its submission to the Criminal Legal Aid Review Committee, the Law Society drew attention to the fact that there was no arrangement for the payment of a fee to solicitors for consultations with persons detained in Garda stations. This matter was, accordingly, put on the committee's agenda. In September, 1998, my Department wrote to the committee specifically drawing the committee's attention to this matter.