Written Answers. - Marriage Counselling Services.
Liam Fitzgerald
Question:
176
Mr. L. Fitzgerald
asked the
Minister for Equality and Law Reform
if he has satisfied himself that the promised provision of counselling and mediation in relation to divorce will be forthcoming and in place on time in view of the fact that the legal structure for divorce is now in place and to ensure that the necessary balance is struck between the provisions for facilitating divorce where marriage has irretrievably broken down and the essential provisions to ensure that the State provides services to assist partners whose marriages are in difficulty to reconcile; his views on whether this was an unambiguous and unequivocal commitment given in the last divorce referendum; if he has satisfied himself that adequate free legal aid services are available to those who are seeking divorce but who cannot afford the legal costs to ensure that there is equity for all couples in these circumstances; and if he will make a statement on the matter.
[8346/97]
The Government stands by the commitment given in the lead up to the divorce referendum in 1995 to support the development of marriage counselling services and the Family Mediation Service. As indicated in "The Right to Remarry", the Government information paper on the divorce referendum published in September 1995, any comprehensive approach to tackling the problem of marriage breakdown must involve not only the introduction of an appropriate legislative framework and the upgrading of services provided by organisations which deal with separating couples, such as the Legal Aid Board and the Family Medication Service, but must also involve the taking of meaningful steps to support and enrich existing marriages. In that regard, increased resources have been invested in voluntary marriage counselling services provided by organisations, many of which have a long and distinguished track record in this country.
Following on my appointment as Minister for Equality and Law Reform, I instituted a scheme of grants to voluntary organisations providing marriage counselling services. Grants were first paid under this scheme in 1994 when £750,000 was expended. A similar amount was expended in 1995. Prior to 1994 these grants were administered by the Departments of Health and Social Welfare.
However, the amounts paid out in individual grants by these Departments were relatively small and had remained static over a number of years. In 1996 the scheme administered by my Department was extended to include the provision of assistance to voluntary organisations providing counselling to children whose parents have separated. A sum of £900,000 was distributed in 1996 and a similar sum has been allocated for distribution in 1997. Already, it is apparent that significant tangible benefits have accrued from the scheme, both to counselling organisations and those they serve. By continuing to receive significant and regular funding under this scheme, I am satisfied the voluntary counselling organisations will be encouraged to continue to develop and expand their services and to adapt to meet the challenges presented to society by changing attitudes in the area of human relationships.
Family mediation is a process whereby couples, who have decided to separate or who have already separated, are enabled to negotiate their own separation agreement with the help of a trained mediator and without resorting to adjudication through the courts. Help to arrive at an amicable resolution to the difficulties surrounding separation, for example, maintenance, division of property, custody of and access to children, is provided by mediators in the employment of the Family Mediation Service, a professional confidential service provided by my Department. The Family Mediation Service has made significant advances in the progressing of its development plan, the first stage of which is almost complete. A new service co-ordinator and two area mediation co-ordinators, new posts, have been appointed to its centres at Dublin and Limerick. With a management structure in place, recruitment of further staff is now possible. The process of recruiting additional part-time mediators for the service is well advanced and I anticipate that the first of these will be selected for appointment within the next few weeks.
Equally, the rapid and nationwide expansion which the Legal Aid Board has undergone since 1992 was undertaken in order to ensure that an effective civil legal aid and advice structure is in place, nationally and locally, to provide legal aid and advice, including legal aid and advice to couples whose marriages have broken down. Funding to the Legal Aid Board has increased from just under £2.7 million in 1992 to £8.3 million in 1997, an increase of over three times the 1992 figure. Over the same period staff numbers more than doubled, from 99 to 224. Also, I amended the scheme of civil legal aid and advice to enable the Legal Aid Board introduce a scheme for the use of private solicitors in delivery of legal services to legal aid applicants, a provision now reflected in the Civil Legal Aid Act, 1995. The recent addition of a further two law centres, at Newbridge and Tullamore, brings to 30 the total of full-time law centres in the nationwide network as compared to 16 in 1993. This expansion can now be seen as necessary and timely and to have anticipated the increase in applications to the board for legal services consequential on the introduction of divorce.
My achievements to date in expanding and developing the Legal Aid Board is evidence of my determination to ensure that sufficient resources are made available to the Legal Aid Board to enable it to provide an adequate response to the challenge which has been posed by the introduction of divorce and to those challenges which can be foreseen at present, subject of course to budgetary considerations.
Civil legal aid, when introduced in 1979 under the scheme of legal aid and advice, was one of a number of measures intended by Government to facilitate access to the courts. It was intended to cover not only low income groups, such as persons dependent on social welfare payments, but also persons on moderate incomes who could afford to contribute a portion, but not the full costs, of the required legal services. Accordingly, those seeking to avail of the legal services provided by the board must satisfy a financial eligibilty test and are liable to pay certain contributions based on means. I am satisfied that the financil eligibility test and all other requirements of the Civil Legal Aid Act, 1995 have at all times been applied in an equitable manner by the Legal Aid Board.
