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Dáil Éireann díospóireacht -
Wednesday, 14 Feb 1968

Vol. 232 No. 7

Ceisteanna—Questions. Oral Answers. - Free Legal Aid in Civil Cases.

51.

asked the Minister for Justice if he will introduce legislation to provide free legal aid to participants in civil cases before the courts similar to the provisions of the English Act of 1949.

I do not intend to promote legislation to provide for legal aid in civil cases. A preliminary examination of the matter in my Department goes to show that the annual costs would be of the order of £200,000 and I am not satisfied that in present circumstances such an outlay would be justified.

The cost of two referenda.

Is it a fact that the legal aid and Criminal Procedure Act pay, by abolishing it in the District Court?

In the Act establishing legal aid and in the Criminal Procedure Act passed last year, depositions were specifically excluded and District Court hearings were specifically excluded.

So it is only when it goes to the circuit court that it is——

Trial by jury.

Is it a fact that, in civil cases, legal aid is freely provided by the Bar of Ireland?

Indeed, I would pay tribute to the Bar.

(Cavan): Does the Minister appreciate that, in certain cases, for example, in an appeal from the High Court to the Supreme Court, a citizen could be deprived of his right to go to the Supreme Court if he is unable to pay the cost of the transcript of the evidence given in the High Court which sometimes runs into hundreds of pounds if the trial took several days? Would the Minister consider at least making such a transcript available free to necessitous cases in order to avoid a denial of the right to go to the Supreme Court?

This is really a social welfare scheme. It must take its place in the order of priorities of the administration of the disbursement of moneys towards social welfare generally.

(Interruptions.)

There are many more important matters that need attention in the field of social welfare.

(Cavan): Further arising out of the Minister's reply, would the Minister not agree that this is much more than a social welfare scheme from the point I have raised? Does the Minister not agree on the fundamental right of a citizen who is dissatisfied with a decision in the High Court to go to the Supreme Court if he believes that that will be put right if he can go to the Supreme Court? He is deprived of that right, under the law as it stands, if he cannot pay for the transcript of the evidence.

Does the Deputy want to take more from the old age pensioners? It is a question of ordering our priorities.

Do not have the referendum.

Instead, give the money which would be used in the referendum.

Next question.

Excuse me; I want to ask a supplementary question.

There are two aspects——

Could we get any courtesy from the Minister?

This is why there is to be a change on the television programme.

A Deputy

This is why we are doing away with "Seven Days".

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