Dáil Éireann debate -
Thursday, 26 Nov 1998

Vol. 497 No. 4

Written Answers - Legal Aid Board.

Ivor Callely

Question:

36 Mr. Callely asked the Minister for Justice, Equality and Law Reform the number of applicants awaiting free legal aid services; if he will give a breakdown of these including the numbers of applicants, applications assessed and approved for service, cases where first consultation has taken place and cases active; his Department's policy on the processing, waiting and consultation time involved for these services; if he has satisfied himself that the Legal Aid Board has adequate resources; and if he will make a statement on the matter. [24965/98]

Jan O'Sullivan

Question:

41 Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform the extra resources and staff, if any, he has allocated to address the waiting lists in law centres; the centres to which the extra staff have been allocated; and if he will make a statement on the matter. [25164/98]

Eamon Gilmore

Question:

56 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the steps, if any, being taken to provide additional resources for the legal aid system in view of the fact that some clients have to wait up to 19 months for an appointment to see a solicitor; and if he will make a statement on the matter. [25083/98]

Ivor Callely

Question:

143 Mr. Callely asked the Minister for Justice, Equality and Law Reform the impact the additional £1.3 million allocation to the Legal Aid Board in 1999 over its allocation in 1998 is likely to have on the provision of free legal aid services in view of the long delays for people wishing to avail of free legal aid; and the likely impact on the waiting lists. [25199/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 36, 41, 56, 62 and 143 together.

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 that waiting times in some law centres are continuing to increase, notwithstanding the allocation of significant additional resources to the board. I will have circulated with the Official Report a table showing the waiting times and number of applicants for legal services, that is, legal aid and advice, at the board's law centres as at the end of October 1998.

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. In that year the number of legally aided cases, that is, 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.

The number of people awaiting the services of the Legal Aid Board as of the 31 October 1998 is 4,338, while the number who sought the services of the board during the period 1 January to 31 October 1998 was 10,127. This figure included 1,659 people who were given priority status.

During the period 1 January to 31 October 1998, 7,530 people were offered first appointments with a solicitor by the board, while in the same period 2,343 people were issued with legal aid certificates for cases other than District Court ones. Information on District Court cases is collated annually by the board when preparing statistical returns for the board's annual report and, therefore, is not available in respect of the period to date in 1998. However, in 1997, the latest period for which these returns are available, 3,176 people were issued with legal aid certificates for District Court actions.

Information is not available to the board concerning the number of active cases being dealt with in its law centres this year to date and an analysis of these figures to provide the requested breakdown would require the allocation of a disproportionate amount of the board's administrative resources.

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. A competition for the recruitment of solicitors for its law centres was held recently by the Legal Aid Board and some appointments have already been made. Further solicitor appointments will be made as the successful candidates become available.

On 25 June 1998 when responding to a Priority Question by Deputy O'Sullivan concerning waiting times I said that I was optimistic that further resources would be secured for the Legal Aid Board to enable it to respond to the ever increasing demands on its services. Subsequently, in July 1998 I approved 25 additional posts for the Legal Aid Board. Of these, 17 posts, including five solicitor posts, are for the law centres to help deal with the extended waiting lists at some of the law centres. In addition, I sanctioned the making permanent of six temporary staff in the law centres, three relief solicitors and three clerical officers, and the engagement on a temporary basis of a librarian for head office. The new solicitor posts will be allocated to the board's law centres at Cork, Pope's Quay; Cork, South Mall; Galway; Wicklow; and Sligo.

The board is independent in the exercise of its functions and, therefore, is responsible for determining policy in relation to processing of applications, waiting and consultation time. Nonetheless, at all times I have been determined to ensure that the Legal Aid Board has the capacity to respond quickly to meet particular needs. In this regard I am happy to say that 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, 148 of the 729 appointments offered in law centres in October 1998 were for priority matters. None of those accorded priority were put on waiting lists.

I am confident that the additional financial resources allocated to the board for 1999, together with the additional staff being recruited by the Legal Aid Board will impact significantly on waiting times at the board's law centres. I will, however, continue to monitor the waiting times at the law centres and at all times provide assistance to the board in fulfilling its mandate subject to budgetary constraints.

Numbers of applicants awaiting services and the waiting times at law centres

Position as at the 31st October 1998

Law centre	Number	Waiting times (months)
Athlone	190	15
Castlebar	0	0.0
Cavan	10	1
Popes Quay	315	16
South Mall	639	20.5
Blanchardstown	59	3
Clondalkin	116	7.5
Finglas	92	5
Gardiner Street	268	9.5
Mount Street	221	9
Ormond Quay	189	4.5
Tallaght	345	16
Dundalk	59	8
Ennis	62	6
Galway	406	18.5
Kilkenny	21	1.5
Letterkenny	127	4
Limerick	149	8.5
Longford	14	1.5
Monaghan	40	4.5
Navan	79	4.5
Nenagh	56	10.5
Newbridge	367	18
Portlaoise	48	4
Sligo	85	10
Tralee	84	6
Tullamore	47	2.5
Waterford	13	0.5
Wexford	36	1.5
Wicklow	201	20