asked the Minister for Justice the Government's response to the judgment given in the Airey case and the proposals for compliance with the ruling of the European Court of Justice.
17.
Ceisteanna—Questions. Oral Answers. - Free Legal Aid Scheme.
16.
asked the Minister for Justice if it is proposed to introduce legislation for the provision of a free legal aid system; the proposals, if any, in this regard and if he will furnish any or all relevant details.
18.
asked the Minister for Justice the immediate steps he proposes to take in the light of the Mrs. Josie Airey case; the proposed regulations which will govern the free legal aid scheme; and if he will make a statement on the matter.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 16 to 18, inclusive, together.
The Airey judgement is being studied but it is not possible as yet to say what action may be necessary.
In so far as the introduction of civil legal aid is concerned, the Government had already taken the necessary action in implementation of the commitment contained in their pre-election manifesto. On 2 May 1979 the Government announced that they had decided to introduce a scheme of civil legal aid and advice—on an administrative basis initially—and that the aim is to have it in operation by the end of the year. It is expected that the scheme will be put in legislative form in due course. The scheme is now almost completely drafted, negotiations with the legal profession are at an advanced stage, and I expect that it can be brought into operation by the end of the year.
In so far as the introduction of simpler and less complex court procedures is concerned, appropriate steps have also been in train quite independently of the Airey case. In this regard I hope to bring my proposals concerning the recommendations made by the Committee on Court Practice and Procedure in its twentieth interim report before the Government in the near future. These recommendations deal with the financial limits of jurisdiction of the lower courts and the conferring on these courts of additional jurisdiction in family law matters. In addition, the Law Reform Commission have on their published programme the question of the appropriate court structures to deal with family law matters.
Will the Minister confirm that this will be in the form of legislation to come before the House?
No. It is, as I already announced, a scheme of civil legal aid and advice. It can be introduced on an administrative basis initially but if at a later stage legislation is necessary we will have to have it.
I was wondering if we would have an opportunity to tease it out in more detail.
There will be nothing to stop the Deputy or any other Member of the House from arranging a discussion on this. We have already had a discussion on it.
In relation to the proposals which the Minister outlined on 2 May, has the Minister under consideration submissions which came in as a response to that, and if so does the Minister hold any hope that such submissions might bring about changes in the scheme?
I assure the Deputy that all submissions will be examined before the scheme is finalised and put into operation. Quite a number of them are already being considered.
Will the Minister look at the financial element in the scheme, the £10 for people who wish to avail of the scheme and will he make special provision for people in the social welfare categories who may be debarred from availing of access to justice because of the financial commitment involved?
This matter and all other submissions are being fully and carefully examined. I cannot say more than that now.
When will the scheme be finalised?
I expect that the scheme will be fully in operation by the end of the year.