Vol. 451 No. 8
22 Dr. Woods asked the Minister for Equality and Law Reform the plans, if any, he has for the expansion of the civil legal aid service in 1995; and the extra towns or cities which will be provided with a full-time service in 1995. [7629/95]
27 Kathleen Lynch asked the Minister for Equality and Law Reform whether his attention has been drawn to the ongoing problem of long waiting times under the civil legal aid scheme; the proposals, if any, he has to reduce the waiting times; and if he will make a statement on the matter. [7615/95]
37 Mr. Molloy asked the Minister for Equality and Law Reform the present situation in relation to waiting lists for free legal aid centres; and if he will make a statement on the matter. [7556/95]
I propose to take Questions Nos. 22, 27 and 37 together.
The waiting periods for legal aid applications in each of the 24 centres of the Legal Aid Board as of 31 March 1995 are set out in a tabular statement which I propose to circulate in the Official Report. In 13 centres the waiting time was one month or less, in two centres the time was two months, in four centres the time was between three and four months, in three centres the time was between five months and seven months; and in two centres the time was between nine and ten months. When in 1993 I first took over as Minister with responsibilities in relation to legal aid the waiting period in half of the board's centres was between one month and seven months and in the remainder it ranged from eight months up to 14 months.
I am continuing to ensure that the board has the resources to expand and develop its services consistent with its need to provide legal aid and advice as widely and as quickly as possible throughout the country. The extra resources over the past two years, 1993 and 1994, led to an increase in the number of full-time centres from 16 to 24. Staff numbers in the same period more than doubled. This inevitably led to dramatic reductions in waiting lists and significantly improved access to justice. These matters continue to be subject to review and where waiting lists, for whatever reason, are unacceptable they will be addressed by the board in consultation as necessary with my Department. Staffing levels in the board are now unprecedented and I am confident that the board will use those resources to the optimum extent possible to ensure that all centres can deliver a good and efficient service.
The board has special procedures in place to ensure that in certain cases, such as where the protection of a person from domestic violence is concerned, there is no delay in handling such cases. To reduce the waiting lists which existed at the beginning of 1993 due to lack of resources the board availed of private solicitors under a pilot project established for the purpose. That scheme is now under review by the board following the submission to it of a report by a special committee on the matter.
The extra funding which I have secured for the board will enable full-time law centres to be opened this year in the counties of Clare, Wexford, Meath, Cavan, Kildare and Offaly. The location of the centres in those counties will be announced in due course when the necessary arrangements are established by the board. The opening of these new law centres should help to reduce waiting lists in the surroundings areas. They will most certainly improve access to justice by reducing the need for persons to travel long distances to a centre.
Law Centre waiting times as at 31 March, 1995
|
Law Centre |
Waiting Time |
|
Athlone |
1 month |
|
Castlebar |
under 1 month |
|
Cork Area: |
|
|
North Mall |
4 months |
|
South Mall |
2 months |
|
Dublin Area: |
|
|
Ormond Quay |
under 1 month |
|
Gardiner Street |
3 months |
|
Mount Street |
1 month |
|
Finglas |
under 1 month |
|
Tallaght |
1 month |
|
Clondalkin |
under 1 month |
|
Blanchardstown |
6 months |
|
Dundalk |
10 months |
|
Galway |
under 1 month |
|
Kilkenny |
4 months |
|
Letterkenny |
9 months |
|
Limerick |
1 month |
|
Longford |
— |
|
Monaghan |
— |
|
Nenagh |
4 months |
|
Portlaoise |
7 months |
|
Sligo |
5 months |
|
Tralee |
1 month |
|
Waterford |
— |
|
Wicklow |
2 months |
Am I right in saying that the new centres will be located in Clare, Wexford, Cavan and Meath?
As well as Offaly and Kildare.
The Minister mentioned there has been a substantial increase in staff numbers. Were the measures to take on extra staff "disability proofed" to ensure that a percentage of people with disabilities would be employed? Has the Minister made any calculation as to the number of additional staff that would be required in the event of there being a "yes" vote in the divorce referendum or could the demand be met by private solicitors under the pilot project?
It is difficult to anticipate the number of application in the event of there being a "yes" vote in the divorce referendum. I imagine there would be a backlog initially and that the number would then level off. The legal aid service, given the substantial increases in funding, staff and the number of law centres provided in recent years which will be extended during 1995, would be well capable of coping with the demand which would arise in the event of there being a "yes" vote in the divorce referendum. The operation of the system, depending on the circumstances in each case, would be kept under review by the Legal Aid Board and my Department. I asked the Legal Aid Board, in making new appointments, to have regard to the need to employ people with disabilities.
I was interested to hear the Minister say that a report has been received on the pilot scheme under which private solicitors were appointed by the Legal Aid Board. Will he publish that report? Does he know its findings and the procedures he may have to put in place as a result?
The private practitioners scheme is in operation in the Dublin area where it is most helpful within the limitations under which it is operating. The report was produced for the Legal Aid Board by an internal subcommittee to indicate how the best use could be made of private practitioners in supplementing the mainstream of the scheme operated through the law centres. The Legal Aid Board is now examining it. I am anxious to extend the operation of the private practitioners scheme after consultation with the unions representing the staff and the Legal Aid Board. Private practitioners have an important supplementary role to play in the important work done by the Legal Aid Board but it may be some time yet before this has been fully evaluated.
Does the Minister consider that these questions, the legislation that will be put in place, the increase in the number of legal aid centres, with the Social Welfare Bill and the Finance Bill, prepare the ground for the divorce referendum? We hear much about the need for counselling but it is equally important that the Judiciary and law centres be sympathetic to the needs of families and those whose marriages are in crisis. Does the Minister envisage special law courts to deal with the consequences of marriage breakdown to ensure that those whose marriages are in crisis and who cannot afford the services of private practitioners will find a sympathetic ear in tune with the problems and difficulties they are facing? I welcome the increase in the number of legal aid centres throughout the country. I cannot understand why people are in such a rush; it is more important that the legislation is right rather than hurried but if we are to make this major adjustment in society we must ensure that the ground work is done.
There are two distinct aspects to the Deputy's question — the Judiciary and the need for a sympathetic hearing in law centres. The question of the Judiciary and the courts comes within the ambit of the Minister for Justice and I am sure she will deal with any queries if a question is tabled.
Any person who has recourse to one of the law centres operated by the Legal Aid Board receives the most sympathetic of hearings. Having visited many of the centres, including the newer ones opened in the past year or two. I have been enormously impressed by the expertise and efficiency of the staff who work there. They are experts in the field of family law, more so than many private practitioners would claim to be. They deliver a first class, expert, professional service and no person need have any hesitation about having recourse in that service.
The improvements in the free legal aid service and in counselling and mediation services are important and worth while in their own right regardless of whether there is a referendum on the issue of divorce but the Government is at pains to ensure, in the event of there being a "yes" vote, that the law centres and the ancillary administrative services, counselling and mediation, will be geared to deal efficiently, professionally and sympathetically with the need that will arise. I am satisfied that is the position. Ongoing developments in those areas will continue to be monitored by the Government.
On the last point made by the Minister, in the past two years in particular it has been obvious that the Legal Aid Board has made great inroads to the many problems that exist and I wish it every success with its work.
