Written Answers. - Legal Aid Scheme.
Mervyn Taylor
Ceist:
22
Mr. Taylor
asked the
Minister for Justice
the extent to which the availability in the State of legal aid in civil cases is meeting the need of members of the public; the proposals, if any, he has to provide a more adequate service; whether he proposes to implement the recommendations of the Pringle Committee; his views on whether Ireland is in breach of EC treaties in failing to provide an adequate legal aid scheme in civil cases; and if he will make a statement on the matter.
Michael Finucane
Ceist:
26
Mr. Finucane
asked the
Minister for Justice
the average waiting period for appointments at each free legal aid centre; the number of staff based at each location; and if he will make a statement on the matter.
Gerry O'Sullivan
Ceist:
28
Mr. G. O'Sullivan
asked the
Minister for Justice
his views on whether (1) the current civil aid scheme is unsatisfactory and (2) the Government is under a moral obligation to substantially increase the funding of the legal aid board so as to ensure that no person will be barred from recourse to the courts due to a lack of the necessary financial means.
Joseph Doyle
Ceist:
57
Mr. Doyle
asked the
Minister for Justice
the current position in each of the law centres in relation to the waiting time to see new clients.
I propose to take Questions Nos. 22, 26, 28 and 57 together.
The waiting periods for applicants for legal aid in the various Law Centres and the number of staff based at each location are set out in a tabular statement which I propose to have circulated in the Official Report.
The provisions of the Scheme of Civil Legal Aid and Advice reflect, generally, the recommendation which the Pringle Committee made in its report. When the scheme was being introduced the Government of the day decided, on grounds of policy, that some of the Committee's recommendations should be excluded from the scheme. That is the prerogative of Government.
I do not accept that any citizen of this country is denied an effective right of access to the courts because of insufficient means. Also, I would deplore a situation, if it ever arose, where a person who satisfied the test of financial eligibility and otherwise met the criteria for grant of legal services as set out in Part 3 of the Scheme of Civil Legal Aid and Advice, was denied such legal services. There are, of course, delays. I am fully aware of the view that the scheme will require further development so that the waiting period which applies in some cases can be shortened.
The opening of the three new Law Centres in December last at Dundalk, Letterkenny and Castlebar and the reorganisation of the Board's services in Dublin, leading to the replacement later this year of the Aston's Place Law Centre with a Law Centre in Clondalkin and another at Finglas, are a step in the right direction. In the context of the 1993 Estimates, I am examining proposals from the Legal Aid Board for a further increase in the number of solicitors and in the number of Law Centres. However, as has been said so often before by myself and by my predecessor, decisions involving additional expenditure must have regard to the availability of financial resources and the overall situation with regard to public finances. This remains the situation. In addition, the Board is continually seeking ways of improving the level of service to clients which would not have cost implications. In addition the Government proposes to introduce legislation to place the scheme on a statutory basis.
Waiting periods for applicants for Legal Aid and the number of staff employed at each Centre.
The length of time it takes for a client to secure an initial appointment with a Legal Aid Board Solicitor and the number of staff employed at each Law Centre are as follows:—
|
Law Centre
|
Waiting Period
|
Number of Solicitors
|
Number of Clerical Staff
|
|
Aston's Place
|
2 to 3 months
|
4
|
4
|
|
Athlone
|
10 to 11 months
|
1
|
1
|
|
Castlebar
|
3 to 4 months wait
|
1
|
1
|
|
Cork (North Mall)
|
7 months wait
|
4
|
4
|
|
Cork (South Mall)
|
6 months wait
|
2
|
2
|
|
Dundalk
|
1 months wait
|
1
|
1
|
|
Galway
|
3 months wait
|
3
|
3
|
|
Gardiner St.
|
2 months wait
|
5
|
5
|
|
Letterkenny
|
5 months wait
|
1
|
1
|
|
Limerick
|
3 months wait
|
2
|
2
|
|
Ormond Quay
|
6 months wait
|
7
|
7
|
|
Sligo
|
None
|
1
|
1
|
|
Tallaght
|
5 to 6 months wait
|
3
|
3
|
|
Tralee
|
3 months wait
|
1
|
1
|
|
Waterford
|
5 to 6 months wait
|
3
|
3
|
Aston House Law Centre now deals only with applicants from Clondalkin and Finglas pending the opening of the new Law Centres in those areas — Finglas in October; Clondalkin in December.
Only two solicitors are serving at Tallaght Law Centre pending the filling of a vacancy there. A competition has been held and an appointment will be made shortly.
