Dáil Éireann debate -
Wednesday, 18 Dec 1996

Vol. 473 No. 2

Written Answers. - Free Legal Aid.

Chris Flood

Question:

13 Mr. Flood asked the Minister for Equality and Law Reform if he will expand the free legal aid scheme to cover persons taking legal actions on the grounds of discrimination in both employment and non-employment areas. [24724/96]

Peadar Clohessy

Question:

19 Mr. Clohessy asked the Minister for Equality and Law Reform the current position in relation to waiting lists for free legal aid; the proportion of family law cases handled by the Legal Aid Board in 1996; and if he will make a statement on the matter. [24674/96]

Minister for Equality and Law Reform (Mr. Taylor)

I propose to take Questions Nos. 13 and 19 together.

Since taking office I have overseen an expansion of the service of the Legal Aid Board. From a base of 16 law centres in 1992 the board has expanded to 28 centres at present. The 28th law centre, at Cavan, opened for business in midNovember 1996 and a further two law centres are due to open in the near future. This expansion ensures that the board is now in a position to provide a nationwide service. Waiting times at each of the 28 full-time law centres as at 30 November 1996 for persons seeking the service of the Legal Aid Board are set out in a tabular statement which I propose to circulate in the Official Report. In five centres the waiting time was one month or less, in six centres the time was between one and two months, in seven centres the time was between two and four months, in four centres the time was between four and six months, and in five centres the time was between six and 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.

It is not possible at this stage to quantify the proportion of family law cases handled by the Legal Aid Board in 1996 as the figures will not be available until early in 1997. However, the board expects that the proportion will be similar to the 1995 figures when 3,918 legal aid certificates were granted in respect of family law proceedings, i.e. about 97 per cent of the 4,060 certificates granted in 1995. Also, of the 7,306 legal advice cases handled by the Legal Aid Board in 1995, 90 per cent were in the family law area. These percentages are similar to previous years and I am informed by the board that the situation is unlikely to have changed significantly in 1996.

Legal advice is available to an applicant seeking the assistance of the board in respect of an alleged case of discrimination in either the employment or the non-employment areas, where the applicant meets the criteria for the grant of legal advice as set out in the Civil Legal Aid Act, 1995 and in the regulations made under that Act. Legal aid is available in similar circumstances where the proceedings in question are to be conducted in the District Court, the Circuit Court, the High Court or the Supreme Court. Also, the Civil Legal Aid Act, 1995 contains a provision at sections 27 (2) that enables me, with the consent of the Minister for Finance, to make an order to extend legal aid to tribunal hearings. It would be my intention to consider the question of the operation of that provision in due course taking into account progress on the current development and expansion of the Legal Aid Board's services, the demands which the introduction of divorce will make on that service, and the Exchequer position.

Law Centre Waiting List for November 1996

County	Centre	Period
Cavan	Cavan	new centre
Clare	Ennis	1.5 months
Cork	Popes Quay,	6 months
	South Mall	5 months
Donegal	Letterkenny	2 months
Dublin	Blanchardstown	1 month
	Clondalkin	2 months
	Finglas	3 months
	Gardiner St.	3 months
	Mount Street	7 months
	Ormond Quay	1.5 months
	Tallaght	0.5 months
Galway	Galway	2 months
Kerry	Tralee	8 months
Kilkenny	Kilkenny	0.5 months
Laois	Portlaoise	7 months
Limerick	Limerick	3 months
Longford	Longford	5.5 months
Louth	Dundalk	3 months
Mayo	Castlebar	0.5 months
Meath	Navan	6.5 months
Monaghan	Monaghan	2 months
Sligo	Sligo	3 months
Tipperary	Nenagh	3 months
Waterford	Waterford	0 months
Westmeath	Athlone	6 months
Wexford	Wexford	2.5 months
Wicklow	Wicklow	7 months