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Dáil Éireann debate -
Tuesday, 4 May 1993

Vol. 430 No. 2

Written Answers. - Civil Legal Aid.

John Bruton

Question:

236 Mr. J. Bruton asked the Minister for Equality and Law Reform when it is proposed to introduce a Civil Legal Aid Bill to put civil legal aid and advice on a statutory basis.

Bernard Allen

Question:

237 Mr. Allen asked the Minister for Equality and Law Reform when he proposes to implement the Pringle Committee recommendations of 1977, that a minimum funding of £2 million per year, based on the demand then, which would mean £6 million now, will be made available to free legal aid centres.

Ivor Callely

Question:

238 Mr. Callely asked the Minister for Equality and Law Reform the number of people on waiting lists for free legal aid in the Dublin area; if each centre is open to take on cases brought to their attention; and if he will make a statement on the matter.

Jim Mitchell

Question:

241 Mr. J. Mitchell asked the Minister for Equality and Law Reform whether, in the case of a person (details supplied), any assistance is available from his Department or any agency under his Department to fight his case.

I propose to take Questions Nos. 236, 237, 238 and 241 together.

On a previous occasion in the recent past when replying to a question on the scheme of civil legal aid and advice I stressed the importance I attach to having the scheme put on a statutory basis so that people will at least have their rights delineated in a statutory manner and will know exactly where they stand. Work on the legislation is progressing in my Department and I will bring the legislation before the House as soon as it is ready.

I also expressed my intention over the term of the Government to do my utmost to ensure that increased resources to the maximum possible extent, consonant with available Government resources, are directed towards the scheme. The extent to which it will be possible to expand the scheme, and the pace at which that expansion will take place, depend on the resources which can be made available from public funds for that purpose. That will depend on the budgetary position in each year.

Because of the level of demand on the services of the Legal Aid Board, it is necessary for a person who applies to a law centre for legal aid to be placed on a waiting list. However, no law centre is closed to applicants for legal aid, and there is provision in the scheme for priority to be given in certain circumstances, such as child abduction, child care and cases involving domestic violence. The number of people on waiting lists at each of the board's Dublin law centres is as follows:

Clondalkin (from Aston House)

79

Finglas

134

Gardiner Street

709

Ormond Quay

203

Tallaght

360

With regard to the person referred to by Deputy Mitchell in his question the position is that my Department has no funds at its disposal to assist him in his action. Also, as defamation proceedings are excluded from the scope of the scheme of civil legal aid and advice except where such proceedings arise by way of counterclaim in a legally aided case, no assistance can be provided to that person by the Legal Aid Board through any of its law centres.
The reference in some of the questions to the scheme being free is inaccurate. Contributions are required of legally aided persons relative to their means.
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