asked the Minister for Justice if his Department have any plans embracing the complete revision of the present free legal aid scheme as outlined under the 1962 Act (a) to give the courts wider powers of discretion in determining the ability of a person to pay costs and (b) to enlarge the present choice of solicitors and barristers by the introduction of a legal aid scheme similar to that in the United States.
Ceisteanna—Questions. Oral Answers. - Free Legal Aid Scheme.
19.
The courts already have, under the Criminal Justice (Legal Aid) Act, 1962, full discretionary powers in determining whether the means of an applicant for free legal aid are insufficient to enable him to pay for legal representation.
Under existing arrangements, the assignment of a solicitor to a successful applicant is a matter for the court granting the legal aid and is made from a panel of solicitors who have indicated their willingness to undertake legal aid work. The court, when selecting a solicitor from the panel, must have regard to any views expressed by the applicant as to the particular solicitor he wishes to have. Where the assistance of counsel is allowed, the solicitor assigned may instruct any member of the Bar whose name is included in a similar panel of counsel. These arrangements are operating satisfactorily and I see no reason to change them.
In October, 1970, the fees payable to solicitors and counsel for legal aid work were substantially increased. They are now reasonably remunerative.Moreover, the legally-aided person has a wide choice in the solicitors and counsel available to him under the present legal aid scheme.
How many solicitors and how many barristers are on that panel?
There are 512 solicitors, 107 junior counsel and 27 senior counsel.
In view of the fact that the last increase was granted two years ago and the cost of living has increased considerably since then, would the Minister consider sanctioning a further increase now?
It is, in fact, about 18 months since the increase was granted. The increase was very considerable, over 60 per cent, and I have no increase in mind at the moment.
Could the Minister give us the figures?
That is a separate question, but I gave the figures to the House recently. I gave them about a month ago.