Dáil Éireann díospóireacht -
Tuesday, 13 May 2003

Vol. 566 No. 3

Written Answers. - Legal Aid Service.

Seán Ryan

Ceist:

158 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the cut in legal services to help low income families resolve disputes over child access, custody and maintenance arising from the decision to end the private practitioners scheme, due to the reduction in funding for the Legal Aid Board; if he will reconsider the funding for the board in 2003 in order that the scheme can be restored; and if he will make a statement on the matter. [12792/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The Deputy will be aware that a sum of €17.075 million has been allocated to the Legal Aid Board this year. While this figure represents a slight decrease of 3% on the allocation last year, it still represents a significant increase in resources for the Legal Aid Board in recent years, up from €10.563 million in 1997 to €17.075 million in 2003, an increase of almost 62% over the period in question. In addition, of course, sanction for the board to employ additional full-time solicitors was also received during this period.

The Deputy will appreciate that under section 5(1) of the Civil Legal Aid Act 1995, the function of the Legal Aid Board is to provide, from within the board's resources and subject to the other provisions of the Act, legal aid and advice in civil cases to persons who satisfy the requirements of the Act and the regulations made thereunder. In addition, under section 30 of the Act, responsibility for determining how legal services should be provided, including the location of law centres, the staffing required by these centres, and the use of private practitioners is a matter for the board.

The Deputy may be aware that in early 2000, after a pilot test in the Dublin area, the Legal Aid Board extended a private practitioner's scheme nation-wide. The purpose of the private practitioner's scheme is to provide a complementary legal service to that which is already available from the board's permanent law centre network. This complementary service relates to certain family law matters in the district court namely, domestic violence, maintenance and custody-access.

I can inform the Deputy that in reviewing the use of the private practitioner's scheme, the board has decided that priority should be given to cases involving domestic violence and that other cases, where domestic violence is not an issue, will be referred to the board's law centres. I understand that where a domestic violence case which has been referred to a private practitioner includes matters concerning child access, custody and maintenance, these matters will also be dealt with by the private practitioner. I am informed by the Legal Aid Board that, in recent years, approximately 65% of the legal aid certificates issued included a domestic violence matter.

I would also mention to the Deputy that, in relation to those applicants waiting for legal services, the board operates a procedure whereby priority is accorded for certain categories of cases over other cases, for example, domestic violence, child care, child abduction and cases where there are time limits. In these cases the application is dealt with immediately and such applicants are not placed on a waiting list. I understand that during 2001 such priority cases accounted for over 22% of the total caseload handled by the board.