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Dáil Éireann debate -
Wednesday, 18 Jun 1975

Vol. 282 No. 5

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

8.

asked the Minister for Justice if he will take immediate steps to resolve the dispute concerning the operation of the Criminal Legal Aid Scheme to ensure the right of all qualified accused persons to professional advice and representation.

I am finalising arrangements for the appointment of a committee, which will be representative of all the interests concerned, to examine, as a matter of urgency, complaints that have arisen in relation to the criminal legal aid scheme. Both the Incorporated Law Society and the Bar Council have nominated representatives to act as members of the committee.

I would add that the solicitors who had withdrawn from the legal aid scheme have now agreed to renew their participation in the scheme.

Can the Minister say when it is intended that the committee will meet?

I should hope that they will meet within the next ten days.

The Minister will appreciate that this matter has been going on for a considerable time and that the losers in the long run are those who are being deprived of representation. Therefore, will the Minister ensure that the committee will meet within the next ten days so that the professional bodies concerned can, again, involve themselves fully in this scheme?

Perhaps the Deputy would use his influence to have members of the Bar return to the scheme. As I have indicated, the solicitors are doing this.

I am not a representative of the Bar Council but I would suggest that the Minister would be better engaged in transmitting his views to the Bar Council through the committee and that the best way of doing this is to have the committee meet as a matter of urgency.

I have done so already and I have indicated that it is my wish that the committee would examine the matter as one of urgency. Notwithstanding that and notwithstanding the return of the solicitors to the scheme, members of the Bar Council are maintaining their absence until such time as the scheme is amended.

Members of the Bar Council are ready and willing to act on the committee. All that is required is for the Minister to name the date.

I have been made aware of the unwillingness of the Bar Council to proceed with the scheme pending the review.

Question No. 9.

It only remains for the Minister to name the date for the committee to get under way. As soon as this can be done, the matter can be resolved.

Members of the Bar are not willing to go back into the scheme pending the committee's investigations.

I cannot understand the reason for the delay. The Minister acknowledged that the memo presented to him in December last was very detailed. I do not intend going into all of that now but in so far as the Minister has it within his power to get the committee under way, he should do so immediately.

The Deputy is tending to have a debate on the matter.

Members of the Bar Council are continuing to refuse to operate the scheme.

Regarding a resolution passed unanimously by this House calling on the Minister to establish free legal aid in civil and criminal cases, can the Minister say whether any progress has been made in regard to the production of such a scheme?

As I indicated in the debate on the resolution, I had, prior to the tabling of the resolution, set up a committee to investigate a scheme of free legal aid in the civil area and to make recommendations to me.

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