Dáil Éireann debate -
Tuesday, 17 Oct 2000

Vol. 524 No. 2

Written Answers. - Legal Aid Service.

Richard Bruton

Question:

382 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the number of solicitors who have left the Legal Aid Board service in County Dublin in the past twelve months; the number who have been newly appointed in the same period; the full staff complement of solicitors approved for each of the Dublin offices; and the number of unfilled vacancies in each case. [22108/00]

Richard Bruton

Question:

383 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the number of family cases which have been adjourned in the past twelve months due to the fact that legal representation had not yet been appointed by the Legal Aid Board; and the latest figures for average waiting time for legal aid at each of the Dublin law centres. [22109/00]

Richard Bruton

Question:

384 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the difficulties in continuing the representation of clients of the Legal Aid Board in court in circumstances where a solicitor leaves the board; and the plans he has to manage this problem. [22110/00]

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

I propose to take Questions Nos. 382 to 384, inclusive, together.

I am advised by the Legal Aid Board that during the 12 months to 1 October 2000 six solicitors resigned from Dublin law centres and one solicitor was promoted to a centre outside of Dublin. Five new solicitor appointments were made in Dublin during this period.

The legal board has sanction for 32 solicitor posts in its Dublin based law centres. Details of the number of solicitor posts sanctioned for each law centre, together with details of vacancies at 1 October 2000 are set out in the following table:

Law Centre	Sanctioned Number of Solicitors	Vacancies
Blanchardstown	3	1/2
Clondalkin	4	1
Finglas	4	1
Gardiner Street	6	1
Mount Street	5	0
Ormond Quay	6	0
Tallaght	4	0

I understand that the board is currently advertising for solicitors to fill vacancies in law centres and to establish a panel to fill future vacancies.

With regard to cases adjourned due to the lack of appointment of legal representation by the Legal Aid Board, I understand from the board that records are not maintained in a way which would make this information available.

I should mention to the Deputy that the board operates a procedure whereby priority is accorded to certain categories of cases where urgency exists, including cases where there are time limits, that is, if a court appearance is pending. Family cases involving domestic violence, child care and/or child abduction qualify as priority matters.

The details in relation to waiting lists for legal services in the Dublin area, requested by the Deputy are set out in the following table:

Waiting Times in September 2000 for appointments with Solicitors of the Legal Aid Board in the Dublin area.

County	Centre	Closing number on the waiting list at end of September 2000	Waiting Times (in months) for September 2000
Dublin	Blanchardstown	94	4.0
	Clondalkin	174	8.5
	Finglas	88	7.5
	Gardiner Street	176	10.5
	Mount Street	83	2.0
	Ormond Quay	202	8.5
	Tallaght	163	7.5

I am informed by the board that where waiting times, for whatever reasons, become excessive the position is examined by the board with a view to taking remedial action.

In relation to continued client representation where a solicitor resigns from the Legal Aid Board, I am sure that the Deputy will appreciate that under section 30 of the Civil Legal Aid Act, 1995, responsibility for deciding how legal services should be provided is solely a matter for the Legal Aid Board. The Deputy will be aware that under section 31 (2) of the Civil Legal Aid Act, 1995, the board may nominate a member of its solicitor staff for the purpose of providing a person with legal aid or advice, or refer a person to the private practitioners' panel to select a solicitor therefrom. Accordingly, a client whose solicitor resigns from the board will continue to receive legal representation, provided either by another member of solicitor staff, nominated by the board, or by a private practitioner selected by the client from a panel set up by the board.

I understand from the board that private practitioners are used in cases of geographical remoteness, conflict of interest cases and in cases where the exigencies of the law centre service so require.

As regards the recruitment of solicitors, the Deputy will be aware that there is a huge buoyancy in the Irish economy at present and employment opportunities for law graduates are now far more extensive than has hitherto been the case. In this context, the Legal Aid Board, in common with employers generally, has to compete for candidates in an increasingly competitive market in order to fill vacancies.

I have been informed by the board that negotiations in relation to a more competitive salary for its solicitors are now at an advanced stage. The board considers that the package on offer, which includes provisions for flexibility and change, will, if agreed, prove more attractive to the market in the filling of vacancies. The increased pay scales will, of course, also make a continued career with the board more attractive to existing solicitor staff.

The Deputy will also be aware that, in order to combat the problems being experienced in relation to waiting times in law centres, I made additional resources available to the Legal Aid Board this year, when I increased the allocation of grant-in-aid to £12,899 million. This represents an increase of 8 per cent on the 1999 allocation.

Furthermore, I understand from the Legal Aid Board that a review of practices and procedures in law centres is being undertaken to seek to improve efficiency. The board considers that this review will lead to an increase in the throughput of cases and the provision of services to a greater number of persons.

I am informed by the board that they are also reviewing the allocation of the additional staff resources I obtained for the board earlier this year and the respective needs of the different law centres will be considered so that the board can maximise the use of resources made available to it.

Question No. 385 taken with No. 373.