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Dáil Éireann debate -
Wednesday, 12 Mar 2003

Vol. 563 No. 2

Written Answers - Legal Aid Service.

Brendan Howlin

Question:

161 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the cut in legal services to help low income families resolve disputes over child access, custody and maintenance arising from the decision to end the private practitioners scheme due to the reduction in funding for the Legal Aid Board; if he will reconsider the funding for the board in 2003 in order that the scheme can be restored; and if he will make a statement on the matter. [7332/03]

The Deputy will appreciate that under section 5(1) of the Civil Legal Aid Act 1995, the principal function of the Legal Aid Board is to provide, from within the board's resources and subject to the other provisions of the Act, legal aid and advice in civil cases to persons who satisfy the requirements of the Act and the regulations made thereunder. In addition, under section 30 of the Act, responsibility for determining how legal services should be provided, including the location of law centres, the staffing required by these centres, and the use of private practitioners is a matter for the board. In this regard the function of the board includes identifying both the level of demand for its services and the most suitable way in which to meet the demand for services.

I can inform the Deputy that that the private practitioners scheme will continue to operate. In reviewing the use of the scheme, the board has decided that priority should be given to cases involving domestic violence and that other cases, where domestic violence is not an issue, will be referred to the board's law centres. Where a domestic violence case which has been referred to a private practitioner includes matters concerning child access, custody and maintenance, these matters will also be dealt with by the private practitioner. I am informed by the Legal Aid Board that, in recent years, approximately 65% of the legal aid certificates issued included a domestic violence matter.

I can also inform the Deputy that a sum of €17.075 million has been allocated to the Legal Aid Board this year. While this figure represents a slight decrease of just over 3% on the allocation last year, it still represents a significant increase in the funding for the board in recent years, up from €10,563 million in 1997 to €17.075 million this year. This represents an increase of almost 62% over the period in question. Sanction for the board to employ additional solicitors was also received during this period and that these additional resources, funding and staff, contributed to a significant reduction in waiting times at law centres during this period.
Question No. 162 answered with Question No. 140.
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