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Dáil Éireann debate -
Thursday, 10 May 1973

Vol. 265 No. 7

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

40.

asked the Minister for Justice when he proposes to introduce a system of free legal aid in civil cases.

While this is a matter on which I would naturally wish to see something done at an early date, the financial implications of a system of legal aid in civil cases, whether it be entirely free or merely subsidised, are such that I do not expect to have anything positive to say on it until all those implications have been assessed.

Taking into account what it is in Britain?

It would be very difficult to give an estimated cost in comparison with the British figures because, in Britain, it is a subsidised service and, in this country, we have first to make the decision whether it will be subsidised or entirely free and whether it should be extended to all aspects of civil jurisdiction as opposed to the present criminal jurisdiction. It would be a shot in the dark to put a figure on it.

Is there any way in which the voluntary groups which provide free legal aid could be given greater publicity because a great many people are unaware of their existence?

The only voluntary group that I am aware of is the organisation known as FLAC, which is run by law students with the assistance of practitioners. They do an immense amount of valuable work. Their presence and their activities are becoming widely known in the city. At the moment their activities are confined mainly to Dublin, but a branch has started in Cork and it is intended, I think, to start a branch in Galway. With regard to giving them publicity, I think their existence is now well known.

Is there any way of giving them a grant?

That is under examination.

I can understand that the introduction of a comprehensive scheme of free legal aid in civil cases would be a major undertaking but, pending a decision on it, would the Minister, in the meantime, be prepared to look at the existing scheme which, if I may say so, I introduced some years ago, to see if many of the restrictions and limitations which obtain in that scheme could be modified?

As a practitioner who as well as ordinary people benefited under that scheme, I thank the Deputy for introducing the scheme. It is a scheme that is confined, as the Deputy knows, to criminal cases. It is a scheme that is working well. I am not aware that there are many restrictions inherent in it which militate against its full efficacy. The only one I am aware of is that, in its interpretation by some courts, it does not apply where there are pleas of "guilty". This is a matter at which I am having a look.

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