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Dáil Éireann debate -
Tuesday, 25 Nov 2003

Vol. 575 No. 3

Written Answers. - Legal Aid Service.

Róisín Shortall

Question:

88 Ms Shortall 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; the additional funding which has been provided in the estimates for 2004 to reduce waiting times; and if he will make a statement on the matter. [28261/03]

I can inform the Deputy that €18.388 million has been allocated by way of a grant-in-aid for the Legal Aid Board in 2004, an increase of 5% over the 2003 allocation. The provision for 2004 represents an increase of 71% in funding for the board since 1997, when the grant-in-aid was €10.656 million. When an increase of this magnitude is compared to an increase of just 26.63% in the consumer price index during the period from January 1997 to October of this year, the Deputy will agree that in recent years the Legal Aid Board has received significantly increased resources in real terms. During this period sanction to employ additional staff was also 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.

In regard to waiting times for an appointment, it is important to note that 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 persons who are subjected to domestic violence and cases involving the care of children are provided with speedy service. It is important to note that in 2002, 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.

In addition, I can assure the Deputy that in order to maximise the use of its resources and to provide legal services to the greatest number of people possible, the board continuously monitors the operation of its law centre network, particularly the throughput of cases at each centre. Where waiting times, for whatever reason, become excessive the position is examined by the board with a view to taking remedial action. 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.

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