Liz O'Donnell
Question:8 Ms O'Donnell asked the Minister for Equality and Law Reform the length of the waiting list for free legal aid; and if he will make a statement on the matter. [20627/96]
Written Answers. - Legal Aid.
Michael Woods
Question:19 Dr. Woods asked the Minister for Equality and Law Reform the projected workload or case through-put of family law cases to be handled by the Legal Aid Board in 1997 in view of the implementation of the Family Law (Divorce) Bill, 1996; the anticipated number of extra cases; the plans, if any, he has to deal with these cases; the special arrangements, if any, he has made for the protection of the children involved; and if he will make a statement on the matter. [20578/96]
I propose to take Questions Nos. 8 and 19 together.
Waiting periods for legal aid and advice in each of the 27 full-time law centres as at 30 September, 1996 are set out in a tabular statement which I propose to have circulated in the Official Report. In seven centres the waiting time was one month or less, in four centres the time was between one and two months, in ten centres the time was between two and four months, in four centres the time was between four and six months, and in two centres the time was more than eight months. Waiting times are continually reviewed by the board and where waiting times, for whatever reason, become excessive the position is examined by the board with a view to taking remedial action where necessary.
The rapid and nationwide expansion which the Legal Aid Board has undergone since 1992 has been undertaken in order to ensure that an effective civil legal aid and advice structure is in place to provide, among other matters, legal aid and advice to couples whose marriages have broken down. This expansion can now be seen as necessary and timely having regard to an anticipated increase in applications to the board for legal services on the introduction of divorce. Funding to the Legal Aid Board has increased from just under £2.7 million in 1992 to £6.5 million in 1996, an increase of almost two and a half over the 1992 figure. Over the same period staff numbers increased by two and a quarter, from 99 to 224. I am determined to continue my efforts to ensure that sufficient resources are made available to the Legal Aid Board to enable it to provide an adequate response to all challenges which it may face in the future and, in particular, the challenge which will be posed by the introduction of divorce legislation, subject of course to budgetary considerations. In this regard, I am advised by the Legal Aid Board that it plans to bring a further three full-time law centres into its nationwide network of law centres by the end of 1996. The addition of these new law centres at Cavan, Newbridge and Tullamore, which will bring the total of full-time law centres to 30 as compared to 16 in 1993, should also lead to reductions in waiting times in those and adjacent catchment areas and provide further assistance to the board in meeting the challenge of divorce.
It is not possible at this stage to quantify the projected caseload of the Legal Aid Board in 1997 arising from the imminent enactment of the Family Law (Divorce) Bill, 1996. It is reasonable, however, to assume that a proportion of the approximately 4,000 judicial separation cases legally aided by the board to date will revert to the board for services in respect of divorce as well as an unknown number of first time requests for legal aid for divorce proceedings.
In reply to questions in this House on 3 October 1996 — as contained in volume 469 of the Official Report, at columns 1355 to 1358 — I said that the reduction in waiting times for appointments with solicitors and the expansion of the scheme of civil legal aid and advice, which has since been put on a statutory footing, have been among my priorities since taking office. I have ensured, and will continue to ensure, that the board has the resources to expand and develop its services, consistent with its requirement to provide legal aid and advice as widely and as quickly as possible throughout the country. The extra resources which I have provided over the past four years is evidence of my resolve in this regard. I am satisfied that, as a result of my actions to date in providing additional resources to the Legal Aid Board, the board will be able to respond effectively to the challenges that lie ahead and, accordingly, I do not feel any further special arrangements are required to be put in place at present. I will of course be continually monitoring the situation.
In so far as children are concerned the Deputy will appreciate that the amendment of the Constitution that is now Article 41.3.2º and the Family Law (Divorce) Bill at present before the House with Seanad amendments, are designed in such a way as to facilitate best the welfare of children. Our divorce laws will protect and support children to the fullest extent possible. Where legal aid is concerned it will apply as necessary as it has in other cases affecting children such as maintenance, guardianship or separation proceedings. I have previously pointed out to the Deputy in reply to Question No. 1 of 3 October 1996 that it is my hope that parents will more than ever before try to ensure that their separation or divorce is managed in a way which impacts with minimum trauma upon any children who may be involved and that the children do not become a weapon in the emotional battles which regrettably can be a feature of marriage breakdown worldwide. It is for those reasons that my Department has been particularly active in promoting the wider use of mediation and counselling as an alternative to court resolution of marital disputes. Our separation laws are designed so as to direct couples towards the possibilities for a mediated settlement and the Divorce Bill does likewise.
This year I secured additional funding for the scheme of grants to marriage counselling organisations, from £750,000 per annum to £900,000 per annum. The scheme was also extended to provide for the first time funding to voluntary organisations providing counselling to children whose parents have separated. This would include, of course, children of divorced parents.
Law Centres Waiting List as of 30 September 1996
|
Centre |
Waiting Period |
|
Ennis, County Clare |
1 month |
|
Popes Quay, Cork |
4 months |
|
South Mall, Cork |
4 months |
|
Letterkenny, County Donegal |
5 months |
|
Blanchardstown, Dublin 15 |
3 months |
|
Clondalkin, Dublin 22 |
0.5 months |
|
Finglas, Dublin 11 |
1.5 months |
|
Gardiner Street, Dublin 1 |
1 month |
|
Mount Street, Dublin 2 |
5 months |
|
Ormond Quay, Dublin 1 |
2 months |
|
Tallaght, Dublin 24 |
0.5 months |
|
Galway |
2.5 months |
|
Tralee, County Kerry |
9 months |
|
Kilkenny |
none |
|
Portlaoise, County Laois |
5.5 months |
|
Limerick |
4 months |
|
Longford |
4 months |
|
Dundalk, County Louth |
3.5 months |
|
Castlebar, County Mayo |
2 months |
|
Navan, County Meath |
10 months |
|
Monaghan |
1 month |
|
Sligo |
2 months |
|
Nenagh, County Tipperary |
2.5 months |
|
Waterford |
none |
|
Athlone, County Westmeath |
4 months |
|
Wexford |
3 months |
|
Wicklow |
5.5 months |