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Dáil Éireann debate -
Tuesday, 12 Nov 1968

Vol. 237 No. 1

Ceisteanna—Questions. Oral Answers. - Free Legal Aid.

53.

asked the Minister for Justice whether his Department will extend the present scheme of free legal aid to cover a wider field of necessitous cases.

The present scheme of free legal aid covers all criminal cases where the means of the person concerned are insufficient to enable him to obtain legal aid and either the trial is for murder or the court considers that, because of the serious nature of the offence or of the circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of his case.

I do not intend to promote legislation to extend the present scheme.

The present scheme applies only to criminal cases?

That is right.

Is any thought being given to civil offences? Quite a number of unfortunate people are involved in cases in which they do not truly know their own rights. Does the Department consider that the plight of so many people merits any special investigation?

This matter was considered when the Act dealing with legal aid was debated in the House. From recollection I think an estimate was made that to give even limited legal aid in civil cases would cost between £200,000 and £250,000. From my own experience I do not think that in the vast majority of cases people are deprived of justice in civil cases because of the fact that there is not legal aid.

I am particularly concerned here with the problem of juveniles. Every week juveniles are sent to this centre or that centre and they lack legal advice on their position. I think that, especially in the case of juveniles, attention could be given to the matter of free legal aid.

It might hinder them in some cases if they got legal aid.

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