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Dáil Éireann debate -
Thursday, 25 Jun 1998

Vol. 493 No. 2

Ceisteanna — Questions. Priority Questions. - Legal Aid Service.

Jan O'Sullivan

Question:

2 Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform the action, if any, he proposes to take to address the significant waiting lists and waiting times in law centres; and if he will make a statement on the matter. [15578/98]

In consultation with the Legal Aid Board I continually monitor the position with regard to waiting times at the law centres operated by the Legal Aid Board. I am aware waiting lists in some law centres have increased notwithstanding the allocation of significant additional resources to the board.

The increase in waiting times at the board's law centres is attributable to a significant degree to the continuing increase in the level of demand on the board's services arising from the introduction in recent years of additional family law legislation, including the Domestic Violence Act, 1996, and the Family Law (Divorce) Act, 1996. In the calendar year of 1997, the Legal Aid Board provided legal services to 13,805 people. The number of legal aid cases requiring representation in court increased from 4,460 to 6,021, an increase of 35 per cent over the previous year. This was the seventh successive year in which there was an increase in the level of service provided by the law centres operated by the Legal Aid Board.

Waiting times are continually reviewed by the board and when, for whatever reason, they become excessive, appropriate remedial action is taken where possible. The board has a number of vacancies for solicitor staff and I am advised it will advertise a competition for the recruitment of solicitors for its law centres in the near future. I will continue to monitor the situation closely and I will give the board every assistance in dealing with problems.

The board operates a policy of providing a priority service in a range of issues which include domestic violence, child care and child abduction. A substantial number of appointments are given each month on a priority basis. For example, 180 of the 680 appointments offered in law centres in May 1998 were for priority matters. None of those accorded priority were put on waiting lists. In the Dublin area, 120 appointments were offered through the private practitioner scheme operated by the Legal Aid Board.

Additional information

I will inform the House of my plans to address the waiting lists in law centres. Some time ago the board submitted substantive staffing proposals to my Department. These proposals were examined in depth, arising from which my Department made a detailed request for sanction for additional staff to the Department of Finance.

Last week I met the chairman and chief executive of the board at their request to discuss the delays in the law centres and their proposals to alleviate the problem. Shortly after that meeting, I raised the matter with the Minister for Finance. I am confident the additional staffing, which will be announced in the very near future, will significantly reduce the waiting lists at law centres.

A reply to a parliamentary question on 14 May indicated an alarming increase in the waiting times for most of the law centres throughout the country. For example, in nine centres the waiting time was in excess of ten months, in five the waiting time was one year and in one case, 14½ months. This is a substantial increase in the waiting times given in January 1997. The increase over the past 16 months is substantially larger than is acceptable. I accept that more solicitors will be employed but given the extent of the problem and that access to civil legal aid should be the right of everyone, irrespective of ability to pay, will the Minister specify what remedial action will be taken, particularly in those nine centres where the waiting time is in excess of ten months? It is unacceptable and means that access to civil law is not practicable for those on the waiting lists.

There has been an increase in the waiting period at the centres. This is due to a welcome proliferation of family law in recent years. In the main the centres deal with family law matters. Very definitely, something must be done to rectify the situation. Some time ago the board submitted substantive staffing proposals to my Department. These were examined in depth, arising from which my Department made a detailed request for sanction for additional staff to the Department of Finance. Recognising the problem, which the Deputy has outlined, last week at their request I met the chairman and chief executive of the board to discuss the delays in the law centres and their proposals to alleviate the problem. I am confident the additional staffing, which will be announced in the near future, will significantly reduce the waiting lists at law centres.

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