Dáil Éireann debate -
Wednesday, 15 Oct 2003

Vol. 572 No. 4

Written Answers. - Legal Aid Service.

Pat Rabbitte

Question:

88 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the steps being taken to reduce the waiting time for an appointment with a solicitor at the legal aid centres in view of the fact that the average waiting time is five months and that this can rise to 13 months at some centres; and if he will make a statement on the matter. [23382/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The Deputy will be aware that the grant-in-aid to the Legal Aid Board for this year is €17.539 million. While this figure represents a slight decrease from the grant-in-aid for last year –€17,636 million – it still represents a significant increase in funding for the board in recent years, up from €10.656 million in 1997 to €17.539 million in 2003, an increase of almost 65%.

During this period, sanction to employ additional staff was conveyed to the board. Since 1997 sanctioned posts in the board's law centre network increased from 191 to 215, of which 89 are solicitor posts, an increase of eight solicitor posts. These combined additional resources have contributed to a significant improvement in waiting times throughout the board's law centre network during this period.

The Deputy will appreciate that under section 5 of the Civil Legal Aid Act 1995, it is a matter for the Legal Aid Board to provide, within its resources and subject to the other provisions of the Act, legal aid and advice to persons who satisfy the requirements of the Act. The board operates a procedure whereby priority is accorded for certain categories of cases, for example domestic violence, child care, child abduction and other cases where there are time limits. These cases are dealt with immediately and such applicants are not placed on a waiting list. Such a system for priorities is necessary to ensure that, for example, persons who are subjected to domestic violence and cases involving the care of children are provided with speedy service. In 2001, priority appointments offered by law centres was approximately 22% of the total number of appointments offered to new clients during the year.

In addition, managing solicitors at law centres have authority to give priority to any case on the waiting list at their centre. For example, if an applicant is gravely ill or in cases where an applicant is in danger of losing assets or of losing title to a legal remedy if legal services are delayed, the managing solicitor can accord such cases priority status.

The board continuously monitors the operation of its law centre network to ensure that its resources are used to maximum effect in making its services available to the greatest possible number of eligible persons. In this regard, the additional management posts which were made available in recent years are enabling the board to develop a more structured change management approach to the provision of civil legal aid throughout the State. This approach is geared to examine the throughput of cases at law centres and where waiting times, for whatever reason, become excessive the position is examined by the board with a view to taking remedial action.