Dáil Éireann debate -
Thursday, 11 Jun 1992

Vol. 421 No. 2

Written Answers. - Civil Legal Aid.

Eamon Gilmore

Question:

45 Mr. Gilmore asked the Minister for Justice if he will outline his response to the comments made by the Legal Aid Board in their reports for 1988 and 1989, published on 7 November 1991; his views on whether the picture depicted in their reports is a satisfactory system of civil legal aid; if, in the light of the reports, he intends to provide any additional resources; and if he will make a statement on the matter.

Minister for Justice (Mr. Flynn)

At the outset I want to say that I welcome the publication of the Legal Aid Board's report, which covers the years 1987 to 1989.

Notwithstanding the continuing and pressing need to contain public expenditure, significant improvements have been made in recent years in the Civil Legal Aid service. Since this Government took office in 1989 the board's annual grant-in-aid has been increased substantially in each of the subsequent years. Vacancies for solicitors and administrative staff have been filled and additional staff have been recruited. Three new law centres were opened recently at Castlebar, Letterkenny and Dundalk, and another two centres will be opened this year in the greater Dublin area, in Clondalkin and Finglas. This will bring to 16 the number of full time centres operating around the country.

During 1991, the income qualification limits for services under the scheme were raised from £5,500 disposable income per annum to £6,200, with a wide range of allowances increased to make more people eligible. The threshold below which legal services are made available for the minimum contribution of £19 was increased to £4,400 disposable income per annum from the previous figure of £3,500. This was the first revision of means test limits since 1986 and its purpose was to restore eligibility levels under the scheme in real terms to those which applied when it was first introduced.

In March 1991 a ministerial policy directive was issued to the board under the provisions of the scheme to enable legal assistance to be provided to complainants in legal proceedings in respect of cases of rape or aggravated sexual assault. Extra staff were made available for this purpose.

It is my intention to have legislation to place the scheme of civil legal aid and advice on a statutory basis ready as soon as possible having regard to the numerous other important and urgent items of legislation that are being proposed as part of my legislative programme for the next two years. However, the non-statutory nature of the scheme is not and never has been an impediment to its operation and development. This is evidenced by the fact that the scheme was expanded substantially since its inception and that important features of the scheme have been altered without undue formality to meet client needs which were not anticipated at the beginning but were subsequently recognised as matters that should be provided for within the terms of the scheme.

I am fully aware of the view that the scheme will require further development so that the awaiting period, which applies in some cases, can be shortened but, because of the need for careful management of public expenditure particularly at this time, this is something that will have to be done on a phased basis in line with what we can afford to pay. The arrangements which the board has put in place, in accordance with the provisions of the scheme, to deal with cases of emergency continue to operate effectively.

With regard to the provision of additional resources to the Legal Aid Board the position is that notwithstanding the very difficult budgetary position the grant-in-aid to the Legal Aid Board has been increased again this year, for the third successive year.