asked the Minister for Finance the total sum of money paid out by the State in each of the years 1975 and 1985, inclusive, pursuant to the Attorney General's scheme to assist prospective adopters to discharge legal costs incurred in proceedings determined under section 3 of the Adoption Act, 1974; the number of cases in each year to which such payments related; the number of cases outstanding currently in respect of which payments are due and the dates upon which each of the outstanding cases were determined in the courts; if he will give details of the scheme; and whether he intends to introduce any revision to the scheme.
Written Answers. - Discharge of Legal Costs.
152.
The information sought regarding the total amount paid and the number of cases since the scheme commenced (in 1979) is being compiled and, when it is available, I will arrange to have it sent to the Deputy.
The number of cases outstanding currently in respect of which payments are due is three which were determined in the courts in October 1982, May 1984 and September 1985, respectively.
The scheme was brought into operation in 1967 in relation to habeas corpus proceedings. In 1978 it was extended to other State side proceedings, and in 1979 it was further extended to adoption proceedings. The scheme provides that where a party to such proceedings is unable to pay for legal representation in the High Court, the court, if it is satisfied that the case is a proper one for such a course, recommends that the State should pay the cost of representation. The State invariably accepts the recommendation.
The costs and fees payable under the scheme are those which are payable under the Criminal Justice (Legal Aid) Regulations current at the time. Thus, counsel under the scheme are paid the same fees as counsel for the adoption board or the State, as the case may be, and solicitors are paid the costs and expenses which they would receive in proceedings in the Central Criminal Court. The scheme provides legal representation for persons who need it but could not afford to pay the usual charges, and it does so at a reasonable cost to the taxpayer while providing fair levels of remuneration for the solicitors and counsel concerned. Revision of the scheme is not contemplated.