Dáil Éireann debate -
Thursday, 13 Apr 2000

Vol. 518 No. 2

Written Answers. - Legal Aid Service.

Enda Kenny

Question:

13 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if he will enter discussions with the representatives of solicitors who operate the free legal aid scheme in order to avoid the strike due to come into operation on 1 May 2000; and if he will make a statement on the matter. [11097/00]

Derek McDowell

Question:

54 Mr. McDowell asked the Minister for Justice, Equality and Law Reform the action he will take to settle the dispute with solicitors operating the criminal legal aid scheme in view of the threat to withdraw station visits from 1 May 2000; the implications of this for people in custody; and if he will make a statement on the matter. [11194/00]

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

I propose to take Questions Nos. 13 and 54 together.

There is no dispute between my Department and the Law Society in relation to the operation of the criminal legal aid scheme by solicitors. Furthermore, the Law Society has not notified my Department of any threatened withdrawal of solicitors from the scheme with effect from 1 May next.

The position is that my Department has had consultations with the Law Society on the payment of a fee to solicitors for consultations with persons who are detained in Garda stations – at present, solicitors are not paid a fee for such consultations. The background to this matter and the current position with regard to same is as follows;

The Criminal Legal Aid Review Committee was established by my predecessor to review the operation of the criminal legal aid scheme under the Criminal Justice (Legal Aid) Act, 1962 and to make recommendations as to the manner in which the scheme might be improved so that it operates effectively and provides value for money. The committee commenced its review in January, 1997.

In its submission to the Criminal Legal Aid Review Committee, the Law Society drew attention to the fact that there was no arrangement for the payment of a fee to solicitors for consultations with persons detained in Garda stations. This matter was, accordingly, put on the committee's agenda. In September, 1998, my Department wrote to the committee specifically drawing the committee's attention to this matter.

In late 1999, the Law Society wrote to my Department requesting that the issue of paying fees to solicitors for Garda station visits be addressed. My Department informed the Law Society that the terms of reference of the review committee included a review of the level of fees paid to solicitors, including any claims for changes to the Scheme made by the Law Society in relation to the fees payable under the Scheme and that it had specifically requested the committee to examine the issue of paying a fee to solicitors for consultations with persons detained in Garda stations. The Law Society was also informed that the review committee had agreed to this request.

Early this year, the Law Society wrote to my Department requesting that this issue be addressed as a matter of urgency. In the circumstances, my Department again wrote to the review committee and specifically requested it to consider giving priority to its examination of this matter and to make an interim report to my Department on it. My Department also informed the Law Society of its request to the committee.

The Law Society again wrote to my Department in March 2000 noting that the review committee was addressing the matter and requesting the outcome of its deliberations be made known to it. The Criminal Legal Aid Review Committee, on which of course, the Law Society is represented, convened special meetings to discuss this topic in February and March 2000 and my Department received its interim report in the matter yesterday. The committee's interim report will be made available to the Law Society. I now expect that my Department and the Law Society will engage in early discussions with a view to finalising this matter.