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Dáil Éireann díospóireacht -
Wednesday, 14 Dec 1983

Vol. 346 No. 10

Written Answers. - Legal Aid.

58.

asked the Minister for Justice (a) the number of law centres which the Legal Aid Board has indicated as being necessary to provide an adequate nationwide legal aid service; (b) the number of such law centres in operation, and (c) the plans or proposals to provide further law centres so that an adequate nationwide service can be brought into operation.

Limerick East): The Legal Aid Board indicated in their annual report for 1980 that in their view, it would be necessary to establish at least 33 law centres to provide a nationwide service under the scheme of civil legal aid and advice.

A total of eight full-time law centres have been established to date — three in Dublin and one each in Cork, Limerick, Waterford, Galway and Sligo. In addition, the board have set up temporary law centres in fifteen places — Athlone, Carlow, Carrick-on-Shannon, Castlebar, Clonmel, Drogheda, Dundalk, Ennis, Kilkenny, Letterkenny, Mallow, Thurles, Tralee, Wexford and Finglas in Dublin. All these temporary law centres are serviced by solicitors from the board's full-time law centres.

As to further plans, no funds were provided in the Estimates for 1983 to enable the Legal Aid Board to open additional law centres this year and, while it is a matter for the board in the first instance to make proposals for extra centres in the context of the limited funds provided, it would be unrealistic to expect that they would be in a position to establish any additional full-time law centres in the immediate future.

It is my hope that the board should be enabled to expand their services further as soon as financial circumstances permit.

59.

asked the Minister for Justice when the last revision of the income limits applicable to the means test on applicants for aid under the civil legal aid and advice service took place; if he will arrange to have adjustments made to the eligibility limits to take account of inflation and the rise in the cost of living index; and if he will make a statement on the matter.

Limerick East): As the Deputy will be aware I made certain changes this year in the means test provisions of the scheme of civil legal aid and advice. These came into effect on 3 May 1983. The income limit below which legal services were provided at flat contribution rates — of £10 for legal aid and £1 for legal advice — was increased by 60 per cent from £1,500 disposable income per annum to £2,400 disposable income per annum. In addition the Legal Aid Board was given a discretion to grant legal services to qualified applicants who are in receipt of certain social welfare benefits or allowances as their only source of income, for a maximum income contribution of £15 for legal aid and £1 for legal advice.

The effect of the changes was to reduce generally the contributions payable by persons, including welfare recipients, on lower incomes, to the minimum rates applicable under the scheme. The new discretion given to the board makes it possible for social welfare recipients — except those on pay-related benefit — to get all legal services available under the scheme for a maximum contribution of £15, even if their disposable income exceeds £2,400 per annum, subject of course to the overall eligibility of £3,500 disposable income per annum which applies to all applicants. The change was also designed to cater for the effects of possible future changes in social welfare payments.

Because of the present financial circumstances it was not possible to raise the upper eligibility limit for services under the scheme. This limit was of course increased in February 1981 by 40 per cent.

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