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Dáil Éireann díospóireacht -
Tuesday, 3 Mar 1970

Vol. 244 No. 12

Ceisteanna—Questions. Oral Answers. - Legal Aid.

36.

asked the Minister for Justice what undertakings he gave to the Irish Bar and the Incorporated Law Society concerning fees upon the establishment of the legal aid scheme; and if he will make a statement on this matter.

37.

asked the Minister for Justice if he will take steps immediately to ensure that there will be free legal aid in criminal cases for necessitous people in Waterford; and if he will make a statement on the matter.

38.

asked the Minister for Justice if he will make a statement concerning the future of the legal aid scheme for necessitous people.

I propose, with your permission, a Cheann Comhairle, to take Questions Nos. 36, 37 and 38 together.

Before the legal aid scheme came into operation in April, 1965, discussions were held by the Minister for Justice with the Incorporated Law Society and the Bar Council on the level of fees to be provided for solicitors and counsel. Both the Law Society and the Bar Council accepted the fees that were eventually incorporated in Regulations made by the Minister for Justice with the consent of the Minister for Finance, and there was a mutual understanding that the scale of fees would be looked at again after the scheme had been in operation for three years or so.

Following my consultations with the Minister for Finance representatives of both bodies were seen by me in July, 1969, when I informed them that we would be prepared to make new Regulations which would allow for an increase of 25 per cent on the present fees. The new scale of fees, together with a number of fees and allowances for new items, were accepted by the Law Society. The Bar Council representatives, however, did not signify acceptance but said that they would report back to their council. They did not communicate with me further on the matter and the first I heard of their intentions to withdraw from the scheme was when a statement to that effect was made at the annual general meeting of the Bar on Friday, 13th February, and was reported in the daily press on 16th February.

Would the Minister indicate the scale of fees and allowances?

I have not that information here but if the Deputy puts down a question I shall give it to him. I consider the 25 per cent addition to be a substantial one in the circumstances.

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