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Dáil Éireann díospóireacht -
Tuesday, 20 Oct 1998

Vol. 495 No. 4

Priority Questions. - Legal Aid Service.

Jan O'Sullivan

Ceist:

14 Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform the position in relation to waiting times at law centres; the position in this regard as of June 1997; and if he will make a statement on the matter. [20283/98]

In consultation with the Legal Aid Board I continually monitor the position with regard to waiting times at the law centres operated by the Legal Aid Board. I am aware that waiting times in some law centres are continuing to increase, notwithstanding the allocation of significant additional resources to the board. I am circulating in the Official Report a comparison of waiting times at the board's law centres as at June 1997 and September 1998.

The increase in waiting times at the board's law centres is attributable to a significant degree to the continuing increase in the level of demand on the board's services arising from the introduction in recent years of additional family law legislation, including the Domestic Violence Act, 1996, and the Family Law (Divorce) Act, 1996. In the calendar year 1997, the Legal Aid Board provided legal services to 13,805 people. The number of legal aid cases requiring representation in court increased from 4,460 to 6,021, an increase of 35 per cent over the previous year. This was the seventh successive year in which there was an increase in the level of service provided by the law centres operated by the Legal Aid Board.

The board operates a policy of providing a priority service in a range of issues which include domestic violence, child care and child abduction. A substantial number of appointments are given each month on a priority basis. For example, 165 of the 910 appointments offered in law centres in September 1998 were for priority matters. None of those accorded priority was put on waiting lists. In the Dublin area, 122 appointments were offered through the private practitioner scheme operated by the Legal Aid Board.

Waiting times are continually reviewed by the board and when, for whatever reason, they become excessive, appropriate remedial action is taken where possible. The board has a number of vacancies for solicitor staff. I am advised that a competition for the recruitment of solicitors for its law centres was held recently and a number of appointments will be made shortly. I will continue to monitor the situation closely and I will give the board every assistance in dealing with problems.

On 25 June 1998 when responding to a Priority Question by Deputy O'Sullivan concerning waiting times I said that I was optimistic that further resources would be secured for the Legal Aid Board to enable it to meet with the ever increasing demands on its services. Subsequently in July 1998 I approved 25 additional posts for the Legal Aid Board. Of these, 17 posts, including five solicitor posts, are for the law centres. In addition, I sanctioned the making permanent of six temporary staff in the law centres, three relief solicitors and three clerical officers, and the engagement on a temporary basis of a librarian for head office. I am confident that these additional staff will be allocated by the Legal Aid Board in such a manner as to make the greatest impact on waiting times at the board's law centres.

Waiting Times at Law Centres

Position as at the 30th June 1997 and 30th September 1998 (expressed in months)

Law Centre

June 1997

September 1998

Athlone

4

14

Castlebar

0.5

0.0

Cavan

0.0

0.0

Popes Quay

4.75

16

South Mall

5.5

19.5

Blanchardstown

4.5

3.5

Clondalkin

8.25

13.75

Finglas

3.25

4

Gardiner Street

7.75

8.25

Mount Street

6.75

10

Ormond Quay

3.5

3.5

Tallaght

4

15

Dundalk

3

6.75

Ennis

4.75

5.75

Galway

4.5

17.75

Kilkenny

1

1.25

Letterkenny

2.75

4.25

Limerick

3.75

8

Longford

1.75

0.75

Monaghan

4

5.5

Navan

0.0

3.75

Nenagh

5.25

9.5

Newbridge

12

17.25

Portlaoise

2.25

3

Sligo

5.5

12.5

Tralee

4

6

Tullamore

8.75

3

Waterford

0.5

0.5

Wexford

3

2

Wicklow

9.75

19

The purpose of free legal aid is that people should have access to justice in a reasonable time irrespective of their ability to pay. Since I last tabled a question on this area, which was answered on 25 June, there seems to be no great improvement in the situation. Have any of the law centres' waiting times improved since April 1998, the last time for which we were given figures? If they have disimproved, to what extent have they disimproved?

In the worst case, the South Mall in Cork, which had a waiting time of fourteen and a half months, has the waiting time improved since April 1998, the last time for which we received figures? The Minister indicated in his response on 25 June that he had met with the chairman and chief executive of the Legal Aid Board in the previous week and that he hoped there would be a positive announcement in the near future.

Deputy O'Sullivan should confine herself to a question because there is limited time available.

Is there any news from the Minister for Finance in relation to improving the situation as indicated by the Minister?

I undertook to have this matter examined. On 25 June when I responded to a Priority Question by the Deputy concerning waiting times I said that I was optimistic that further resources would be secured for the Legal Aid Board to enable it to meet with the ever-increasing demands on its services. In July 1998, I approved 25 additional posts for the Legal Aid Board. Of these, 17 posts, including five solicitor posts, are for the law centres. In addition, I sanctioned the making permanent of six temporary staff in the law centres, three relief solicitors and three clerical officers, and the engagement on a temporary basis of a librarian for head office. I am confident that these additional staff will be allocated by the Legal Aid Board in such a manner as to make the greatest impact on waiting times at the board's law centres.

Discussions are ongoing with the law centres to try to reduce the waiting periods. I anticipate considerable improvements given that offers of appointments have been made recently to 15 applicants for positions as solicitors with the Legal Aid Board. The positions to be filled include five posts recently sanctioned, seven existing vacancies and three temporary positions which I recently made permanent. The board has also requested clerical and executive grade staff from the Civil Service Commission. No appointments have been made to date in respect of these grades but I hope the applications received will be successful. We have made some progress since the Deputy last raised this matter.

Have the extra posts been assigned to the areas where the waiting lists are longest? There are nine centres with a waiting list of over ten months, including the Cork centre.

It is a matter for the Legal Aid Board to ensure the staff are located in the areas of greatest need. I and my Department have as much interest at this time, and at other times, in Cork as she has.

It has the longest waiting list.

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