Written Answers Nos. 167-173
167. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding reform of the legal profession; the extent to which negotiation continues with respective interest groups; if he has concluded discussions with the stakeholders; and if he will make a statement on the matter. [40084/13]
View answerConsultations in relation to the Legal Services Regulation Bill have been ongoing since its publication. A wide range of stake-holders have provided, and continue to submit, views on the Bill which I am happy to consider. These views continue to inform the development of the Bill and to reflect its modern balance of interests between those of the legal professions and those of business or private clients who avail of legal services. As the Deputy will be aware, the Bill gives legislative expression to the commitment in the Programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". Furthermore, as a sectoral objective under the EU/IMF/ECB Troika Memorandum of Understanding, it supports the objectives of structural reform, national competitiveness and early economic recovery, building on the relevant recommendations of the Legal Costs Working Group and the Competition Authority. It is essential, therefore, that this reforming legislation be delivered as undertaken.
As the Deputy will be aware, Committee Stage of the Bill commenced on 17 July with initial progress made on the early sections of the Bill. On that occasion, I successfully introduced a series of key amendments to Part 2 of the Bill which have bolstered the independence of the new Legal Services Regulatory Authority to the utmost degree. Detailed work on the Bill continues in my Department in conjunction with the Offices of the Attorney General and of Parliamentary Counsel and Committee Stage is to resume as soon as possible in the current session.
In terms of written submissions, I have, as previously disclosed to the House, received just under 50 since publication of the Bill representing nearly 30 interested parties along with dozens of individual letters from concerned members of the public and practitioners and the formal observations of other Government Departments. The submissions have come from a wide range of bodies including the main legal professional bodies and associations, academics, civil liberties and human rights organisations, private businesses and government entities. They range in their scope from that of the entire Bill to that of particular provisions within it. For their part, the Law Society, the Bar Council and the King's Inns have provided substantive views which are among those to which consideration continues to be given. In addition, over the past 18 months both I and my officials have, together and separately, had meetings with various interested groups and bodies. Alongside those representing the legal professions, these have included such entities as the Competition Authority, the Consumers' Association and the Committee of Heads of Irish University Law Schools.
As I have previously announced, amendments to the Bill and a Regulatory Impact assessment will be made available for consideration prior to the resumption of Committee Stage. Pending that resumption I continue to encourage, receive and consider submissions on the Bill.
168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the upgrading of Garda transport continues in line with requirements; and if he will make a statement on the matter. [40085/13]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. The allocation of Garda vehicles is monitored and reviewed on an on-going basis.
As the Deputy will be aware, an additional €3 million was made available towards the end of last year which enabled the Force to procure 171 vehicles. This brought total investment in the Garda fleet in 2012 to €4 million and resulted in a total of 213 new vehicles being procured during the year. Furthermore, a specific allocation of €5 million has been provided for the purchase and fit-out of Garda transport in the current year. I am informed by the Garda authorities that to date this investment has resulted in 133 new vehicles being procured.
This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service. In keeping with this approach, I will continue to seek to identify the potential for additional funding for the Garda Fleet. This will, of course, be contingent on expenditure in other areas.
169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which forensic services available to the Garda are adequate in all circumstances to meet requirements without referral outside this jurisdiction; and if he will make a statement on the matter. [40086/13]
View answerThe arrangements made in respect of the provision of forensic services for An Garda Síochána are operational matters for the Garda Commissioner.
The Garda authorities have indicated that the forensic services available to the Force are sufficient and that only in very exceptional circumstances are additional external services required.
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which waiting lists for legal aid continue to be monitored; and if he will make a statement on the matter. [40087/13]
View answerI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board.
However, to be of assistance to the Deputy I will refer him to my answer to Parliamentary Question No. 1098 set down for written answer on 18 September 2013 which is detailed below.
I wish to inform the Deputy that there is no waiting period associated with the granting of criminal legal aid as under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid on the applicant's appearance in Court.
In relation to civil legal aid, it should be noted that demand for legal services from the Legal Aid Board (“the Board”) has increased significantly since the down-turn in the economy. While there was a 10% drop in demand at the general law centres in 2012 compared to 2011, nevertheless the demand for general legal services (excluding asylum) in 2011 was 93% greater than it was in 2006. Demand in 2013 is running at the same level as it was in 2012. The Board has not been subject to the sort of cuts to its grant-in-aid that other public service bodies have had to experience and I have been able to maintain the Board’s grant-in-aid at the same level for 2013 as it was in 2012 (and 2011).
Nevertheless it is a challenging environment that has resulted in lengthened waiting times for those seeking legal services for matters that are not prioritised. Notwithstanding the pressures on resources, the Government has further supported the Board by approving exemptions from the moratorium to enable the organisation to recruit front-line staff for direct service delivery. The Public Appointments Service concluded a solicitor recruitment competition for the Board earlier this year from which a number of permanent appointments have been made and a number of temporary positions have also been filled.
As the Deputy may be aware, on 12 September 2013, I signed into law a new statutory instrument in respect of civil legal aid provided by the Legal Aid Board which, inter alia, provides for an increased contribution from persons availing of the services offered by the Board.
I intend for any funds raised by these measures to be retained by the Board to better fund the provision of services to those in need of them and reduce waiting times for those services. At a time when the State is facing significant demands on its resources an increase in contributions allows the Board to achieve its objectives without money being diverted from other programmes. The increased contributions should result in increased funding of up to €700,000 per annum being available to the Board once the increases have full impact.
I believe this additional resource for the Board will assist it in tackling those waiting times. I am conscious that the increase in the minimum contribution as a percentage is significant. However, I believe the contributions payable still compare favourably with other jurisdictions. Provisions remain in place to allow the contribution to be waived in hardship cases.
In response to the changed environment the Board has taken steps to try and improve the efficiency and effectiveness of the delivery of its legal services. Those steps include the following:
- The Board has been piloting a ‘triage’ approach to service delivery and this approach is operative in most of its centres at this stage. The pilot is in response to lengthening waiting times. The aim of the ‘triage’ approach is that every applicant gets to see a solicitor within a period of one month for the purpose of getting legal advice (consultations are broadly limited to 45 minutes). If the applicant requires further services they remain on the ‘waiting list’. There is or has been a ‘backlog’ of applicants to be seen for triage purposes hence it is taking time to reduce the waiting time for such an appointment to one month. A first review of the operation of the pilot indicated that clients were satisfied with this particular service initiative. This was because they got early access to a solicitor for advice on their legal disputes that provided clarity about the options open to them and the process through which their disputes might be resolved. (I have included below a table showing the waiting times for non prioritised matters at the Board’s law centres. It will be noted that most of the centres are operating the ‘triage’ approach. For particular reasons a small number are only initiating the process now).
- In August 2012 the Board introduced a new case management system in its law centres. This is a ‘start to end’ system which will in the medium term deliver efficiencies in terms of the administration aspect as well as in relation to the delivery of the legal services. It will take time for the full benefits of this system to materialise;
- In November 2011 I transferred responsibility for the management and administration of the State funded family mediation service to the Board. A key reason for this transferring was to improve the synergies between the State funded family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law). Improving the synergies will be for the benefit of the customer and will help move away from a ‘litigation first’ approach that may on occasion be too common. Already there are very positive signs from a pilot initiative operating in Dolphin House (where the Dublin District Family Court sits) involving the co-location of the courts and a mediation service with a legal service located there also. Similar initiatives have now been introduced in Cork and Naas and are being evaluated;
- While the Board’s asylum related legal services were previously funded from a separate grant, since 2012 I have funded the Board on the basis of a single ‘grant-in-aid’. With the drop in demand for asylum, the Board has taken steps to integrate the delivery of its asylum related services into the general law centre service delivery model thus effectively transferring resources from the asylum area to the general legal service area where the demands have increased;
- I am aware that the Board has maintained a high level of usage of private solicitors for family law cases in the District Court. Cases in the District Court are often those that need the most immediate remedy;
- I am also aware that the Board continues to engage with other key players in the justice/legal area such as the Courts Service and the Health Service Executive, with a view to trying to ensure that State funded resources that impact on its area of business are used to best effect.
Finally, the table below outlines the waiting period (in months), up to 1 September 2013, for persons awaiting a first or second consultation at the various Law Centres in the State, and may be of assistance to the Deputy.
|
Law Centre |
Waiting times (months) * General – Law centres not operating triage |
Waiting times (months) ** for a triage appointment |
Further waiting time (months) *** where triage appointment previously given |
|
Blanchardstown |
3 |
||
|
Brunswick St |
4 |
5 |
|
|
Clondalkin |
1 |
13 |
|
|
Finglas |
10 |
5 |
|
|
Gardiner St |
0 |
19 |
|
|
Tallaght |
1 |
12 |
|
|
Popes Quay |
9 |
3 |
|
|
South Mall |
14 |
||
|
Athlone |
4 |
7 |
|
|
Castlebar |
2 |
6 |
|
|
Cavan |
2 |
2 |
|
|
Dundalk |
5 |
||
|
Ennis |
15 |
||
|
Galway- Francis St |
7 |
8 |
|
|
Galway – Seville H |
0 |
11 |
|
|
Kilkenny |
1 |
11 |
|
|
Letterkenny |
10 |
6 |
|
|
Limerick |
10 |
||
|
Longford |
3 |
4 |
|
|
Monaghan |
4 |
||
|
Navan |
5 |
2 |
|
|
Nenagh |
1 |
5 |
|
|
Newbridge |
6 |
11 |
|
|
Portlaoise |
7 |
10 |
|
|
Sligo |
3 |
9 |
|
|
Tralee |
6 |
||
|
Tullamore |
6 |
||
|
Waterford |
7 |
||
|
Wexford |
9 |
||
|
Wicklow |
1 |
8 |
* waiting times for centres not operating the triage approach.
** waiting times for centres operating the triage approach.
*** additional time that a person who has had a triage appointment is likely to have to wait for a second consultation.
171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the costs or the funding of criminal legal aid in each year from 2004 to date, inclusive; the number of instances in respect of which such aid was refused in the same period; and if he will make a statement on the matter. [40088/13]
View answerTotal expenditure on criminal legal aid for the years referred to by the Deputy was as follows:
|
YEAR |
EXPENDITURE |
|
2004 |
€34.1m |
|
2005 |
€40.2m |
|
2006 |
€42.1m |
|
2007 |
€46.3m |
|
2008 |
€55.3m |
|
2009 |
€60.3m |
|
2010 |
€56.5m |
|
2011 |
€56.1m |
|
2012 |
€50.5m |
|
2013 - Jan to 31 Aug |
€33.9m |
As the Deputy will be aware, under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid. I have no function in this matter. The Courts Service has advised that it is not able to provide the statistics requested by the Deputy in respect of the refusal of applications for Criminal Legal Aid by the courts.
172. Deputy Martin Heydon asked the Minister for Justice and Equality the position regarding a review of a Garda vetting application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40089/13]
View answerI am informed by the Garda Authorities that a vetting application was received by the Garda Central Vetting Unit (GCVU) on behalf of the individual concerned. The application was processed and a disclosure issued to the registered organisation in question on 20 July 2013.
Following further correspondence on the matter, additional enquiries were conducted by the GCVU. As a result an amended disclosure was issued to the registered organisation involved on 20 September 2013.
173. Deputy Thomas Pringle asked the Minister for Defence if the Defence Forces have purchased or intend to purchase any drone aircraft for surveillance purposes; and if he will make a statement on the matter. [39967/13]
View answerThe Defence Forces currently operate an Unmanned Aerial Vehicle System, commonly referred to as UAVs. Following a tender competition, an order for two portable mini Unmanned Aerial Vehicle Systems and associated spare parts and training was placed with Aeronautics Defence Systems Limited in May 2007. The UAV systems were acquired to enhance the capability of the Defence Forces to carry out surveillance and target acquisition for Peace Support Operations and provide low cost, low risk means to increase capabilities and enhance force protection by performing missions which do not demand the use of manned aircraft.
