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Dáil Éireann debate -
Wednesday, 7 Oct 1992

Vol. 423 No. 1

Written Answers. - Garda Accommodation.

Bernard Allen

Question:

159 Mr. Allen asked the Minister for Justice the action he proposes to take to deal with the appalling Garda accommodation problem; and if he considers that Garda morale is affected by the conditions under which they have to work.

I am well aware that the morale of those who have to work in poor accommodation could be adversely affected thereby and for that reason I can assure the Deputy of my commitment to bring all Garda accommodation up to a proper standard. Over £35 million has been spent over the last seven years on the Garda building programme. In recent months new stations have been provided at Dún Laoghaire, Kells, Charleville and Tipperary. In addition, substantial resources have been directed towards the maintenance of Garda stations. For example, £2.3 million was spent in this way in 1991 and more than £2 million will be spent this year. This programme of expenditure has remedied many of the accommodation problems and the areas which still require attention are being addressed as rapidly as possible, having regard to available resources.

I recently initiated a review of the Garda Building Programme to assess Garda accommodation needs, having regard to changing Garda requirements and to make recommendations as to how these should be met on the most cost effective basis. This review will help pinpoint the objectives we must set ourselves in relation to Garda accommodation for the years ahead.

Bernard Allen

Question:

160 Mr. Allen asked the Minister for Justice whether he has carried out an in-depth analysis of the reasons for the increase in Free Legal Aid costs in recent years; and if he will make a statement on the matter.

Expenditure on Free (Criminal) Legal Aid, which had remained virtually static at £2.7 million to £2.8 million per year between 1988 and 1990, rose sharply in 1991 when the outturn was £3.152 million. The 1992 allocation is £3.87 million and in contemplating what the 1993 requirement will be one must bear in mind the claim for substantial increases in solicitors' legal aid fees being processed by my Department.

The main determinants of expenditure on criminal legal aid are: (1) the number and the seriousness of criminal cases being prosecuted; (2) decisions by the courts to grant or to withhold the grant of legal aid in individual cases; (3) decisions by the courts as to the number of counsel (up to a maximum of two) to be assigned in each such case, where appropriate; (4) the level of fee paid to prosecution counsel by the Director of Public Prosecutions (there are relationships between the level of fee paid to counsel for the prosecution and that paid to counsel for the defence and to the solicitor acting for the defence in cases heard in the Circuit and Superior Courts); (5) the scale of fees applicable to solicitors for cases heard in the District Court and for appeals to the Circuit Court; and (6) the length of each trial.

Factors which would have had a significant bearing on the increased expenditure in 1991 would include the substantial increases granted to counsel and to solicitors in 1991 for representing legal aid clients in the Circuit and Superior Courts and to a lesser extent the increase in recorded indictable crime and in the detection rate for 1991.

An analysis of the figures of expenditure for 1991 shows that over 96 per cent of expenditure on Criminal Legal Aid related to lawyers' fees, of which more than £1.4 million was in respect of fees to counsel and to solicitors for legal aid work done in the Circuit and Superior Courts. In recent previous years these fees were increased annually having regard to general wage agreement increases, which were in the region of 2 per cent to 2.5 per cent. However, in the course of 1991 barristers and solicitors acting for the defence both benefited from a 46 per cent (approximate) increase in fees granted to prosecution barristers as a result of negotiations between the Director or Public Prosecutions and the Bar Council which represented the barristers in the negotiations. This increase was phased and 15 per cent was paid with effect from 1 April 1991 and the balance with effect from 1 October 1991. This would have had a significant impact on the level of expenditure in that year. The impact in 1992 will, naturally, be greater because the full 46 per cent increase will apply for the entire year.
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