I can inform the Deputy that there has been a very significant increase in demand for civil legal aid services from the Legal Aid Board. In 2007, just over 10,164 persons sought legal services from the Board in relation to general civil (non asylum) matters while 2,650 persons sought legal services for asylum related issues. In 2011, the demand for general civil matters had increased to a figure of 18,727 while the number seeking services in relation to asylum matters continued to drop (979). Inevitably the increase in demand has created pressures for the Board and its capacity to deliver legal services within a reasonable period of time. As of 1 January 2012 there were 4,443 persons waiting for a first appointment. This compares to 3,153 on 1 January 2011, 2,335 on 1 January 2010 and 1,681 on 1 January 2009. On 1 March 2012 there were 4,665 persons waiting for a first appointment.
The Board has considerably increased the amount of work that it has outsourced to private solicitors. The Board operates two Schemes involving private solicitors for the purpose of providing services to persons with family problems. The main Scheme, the District Court Scheme, involves the retention of private solicitors on a case by case basis for the purpose of providing legal aid in maintenance, domestic violence, custody, access and guardianship cases. The Board referred 1,977 applicants on foot of this Scheme in 2007. That number rose to 5,200 in 2010 but for budgetary reasons it was necessary to put some constraints on the number in 2011 when 4,854 referrals were made. The Board has budgeted for in or around 5,000 referrals in 2012.
The second Scheme, the Circuit Court Scheme, involves the retention of private solicitors on a case by case basis for the purpose of providing legal aid in divorce and separation cases. The Board has constrained the use of this Scheme in recent years as the cost per case is a multiple of the cost per case of a matter referred on foot of the District Court Scheme. In 2007, 329 referrals were made on foot of the Scheme however only 8 referrals were made in 2011.
The Board's grant-in-aid for general civil matters, which accounts for the vast majority of its funding, has effectively been maintained for 2012 at its 2011 level. I have also now incorporated the grant for asylum services into the grant-in-aid which should give the Board greater flexibility in using its resources.
I can further inform the Deputy that there are a number of other measures taken, or being taken, which I believe can have a positive impact for persons seeking services from the Board as follows:
As of the 1 November 2011 the Board assumed responsibility for the Family Mediation Service (following the enactment of the Civil Law (Miscellaneous Provisions) Act 2011). The Board is currently reviewing the operation of the State funded mediation service with a view to achieving synergies with its legal services and better options in terms of resolving family disputes;
The arrangements on foot of which barristers are retained have been in place since 1998 and are currently under review. There will be a level of restructuring of the current arrangements;
The Board is working with individual law centres with a view to trying to deliver greater efficiencies in a number of its centres. It is assisted in this regard by the preparation of a Value for Money Review Report prepared by my Department and the Department of Finance (now the Department of Public Expenditure and Reform); and
The Board will be piloting a ‘triage' service to commence very shortly. The objective of the pilot will be to ensure that every applicant for services gets to see a solicitor for the purpose of getting early legal advice within a period of a month. While it is recognised that those seeking further services will experience a wait, it is anticipated that an early consultation will benefit the client in terms of signposting actions the client can take themselves and signposting other support services.