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Dáil Éireann debate -
Wednesday, 11 Feb 1976

Vol. 287 No. 10

Ceisteanna—Questions. Oral Answers. - Legal Aid.

16.

asked the Minister for Justice if he will make immediate provision to ensure that people entitled to criminal legal aid can be professionally represented at their trials.

Barristers have not been participating in the legal aid scheme since the recent withdrawal of the Bar from that scheme. Barristers complained that the structure of the legal aid system including fees was inadequate. I set up a committee under a member of the Judiciary with representatives from barristers and solicitors and representatives from the public service to examine the system with a view to recommending changes. I had hoped that pending the completion of this examination barristers would participate in the scheme. I have appealed to them to resume working the scheme, as solicitors have already done, pending the outcome of the committee's deliberations.

Is the Minister aware there is hardship being caused as a result of progress not being made in this dispute and can he give a guarantee that, as far as he and his Department are concerned, everything possible is being done to bring the dispute to a speedy conclusion?

I am aware some hardship is resulting in that a certain backlog of criminal trials is building up and I share the Deputy's anxiety that the dispute would come to an end but I am in the position that dissatisfaction was indicated to me with the structure of the scheme and, with the consent of the profession involved, I set up a committee to investigate this dissatisfaction. I hoped that during the deliberations of the committee and pending the recommendations and the acceptance or otherwise of those recommendations the parties would resume within the scheme, which would be normal practice. I am disappointed the Bar has seen fit to continue to stay outside the scheme and in effect will not go back into the scheme until the committee reports. That is unfortunately the present position.

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