John Ellis
Question:40 Mr. Ellis asked the Minister for Equality and Law Reform the plans, if any, he has to extend the provisions of the civil legal scheme to litigants seeking redress for defamation in the courts. [4760/95]
Written Answers. - Legal Aid Scheme.
John O'Donoghue
Question:41 Mr. O'Donoghue asked the Minister for Equality and Law Reform the cost of providing legal aid through the Legal Aid Board for cases which involve judicial separation in the Circuit Court, barring procedures in the District Court and custody proceedings in the District Court. [4890/95]
John Ellis
Question:42 Mr. Ellis asked the Minister for Equality and Law Reform if he will extend the civil legal aid scheme to incorporate existing practising solicitors in order that the scope of the scheme will be national in character. [4757/95]
John O'Donoghue
Question:51 Mr. O'Donoghue asked the Minister for Equality and Law Reform the number of cases which were dealt with under the private practitioners pilot project for each law centre throughout the country from the period October 1993 to the latest date for which figures are available. [4891/95]
I propose to take Questions Nos. 40, 41, 42 and 51 together.
Since its establishment in 1979, the scheme of civil legal aid and advice, in so far as defamation is concerned, applies to defamation proceedings where such proceedings arise by way of counterclaim to a legally aided case. However, the matter has been under review. As Deputies may be aware the Civil Legal Aid Bill, 1995, which I initiated, was recently presented in the Seanad and is now at Committee Stage in that House. The Bill provides a statutory framework for the scheme of civil legal aid and advice. I have made provision in it to enable me, as Minister, with the consent of the Minister for Finance, to make an order to extend legal aid and advice to defamation proceedings in general. It would be my intention to consider the question of the operation of that provision and certain other provisions in due course taking into account progress on the current development and expansion of the Legal Aid Board's services and the Exchequer position.
Until recently, the scheme provided only for the use of the board's own salaried solicitors in law centres. The board had no authority under any circumstances to avail of solicitors in private practice. I formed the view when I took over responsibility in relation to the Legal Aid Board two years ago, that the time was right to embark on an initiative in this regard and, in September 1993, I amended the scheme accordingly. This amendment facilitated the introduction of a pilot project for the use of private solicitors to supplement the services provided by solicitors in the board's law centres. I have made a similar provision in the Civil Legal Aid Bill which will enable the board to avail, where necessary, of private solicitors. However, the main work of the board's legal services will continue to be the responsibility of the law centre solicitors. The pilot project is at present under review by a committee established by the Legal Aid Board.
The total number of cases dealt with under the private solicitors' project since October 1993 is 1,133. A breakdown of the cases, by reference to the law centres which initially received the applications in respect of those cases, is set out in a tabular statement which I propose to have circulated with the Official Report. I am advised by the Legal Aid Board that it does not maintain information in a manner which would enable it to give a breakdown of expenditure on different types of cases dealt with by law centre solicitors.
Legal Aid Board.
Private Solicitors Pilot Project.
|
Law Centre |
No. of Cases. |
|
Dublin (Aston House) |
1,006 |
|
Athlone |
11 |
|
Castlebar |
3 |
|
Cork (South Mall) |
14 |
|
Dundalk |
6 |
|
Galway |
28 |
|
Letterkenny |
11 |
|
Limerick |
12 |
|
Sligo |
6 |
|
Tralee |
6 |
|
Waterford |
30 |
|
Total |
1,133 |
Note: The Pilot Project concluded for all locations on 31 March, 1994 except for Dublin, where it is continuing. Accordingly, with the exception of Dublin, the statistics in the Table above relate to the period from 1 October, 1993 to 31 March, 1994. The statistics for Dublin relate to the period from 1 October, 1993 to 14 February, 1995.