Dáil Éireann díospóireacht -
Thursday, 23 Oct 2003

Vol. 573 No. 2

Written Answers. - Legal Aid Service.

Aengus Ó Snodaigh

Ceist:

169 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the lengthening waiting lists for civil legal aid, to the fact that one third of the country's free legal advice centres now have waiting times to see a solicitor of between seven and 12 months due to cuts to the legal aid budget in 2003, and the backlog means that hundreds of people are being denied access to the law which may constitute a breach of Article 6 of the European Convention on Human Rights which guarantees the right of effective access to the courts; and his plans for remedying this situation. [24722/03]

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

The grant-in-aid to the Legal Aid Board for this year is €17.539 million. It represents a slight decrease of 0.5% from the grant-in-aid for last year of €17,636 million. However, it must be compared with a significant increase in funding for the board in recent years, up from €10.656 million in 1997 to €17.539 million in 2003, an increase of almost 65%. During this period sanction to employ additional staff was also conveyed to it. Since 1997 sanctioned posts in its law centre network increased from 191 to 215, of which 89 are solicitor posts, an increase of eight solicitor posts.

In relation to persons waiting to see a solicitor, the board operates a procedure whereby priority is accorded for certain categories of cases, for example domestic violence, child care, child abduction and other cases where there are time limits. These cases are dealt with immediately and such applicants are not placed on a waiting list. Such a system for priorities is necessary to ensure that, for example, persons who are subjected to domestic violence and cases involving the care of children are provided with speedy service. In 2001 priority appointments offered by law centres was approximately 22% of the total number of appointments offered to new clients during the year.

In addition, managing solicitors at law centres have authority to give priority to any case on the waiting list at their centre. For example, if an applicant is gravely ill or in cases where an applicant is in danger of losing assets or of losing title to a legal remedy if legal services are delayed, the managing solicitor can accord such cases priority status.

The board continually monitors the operation of its law centre network to ensure that its resources are used to maximum effect in making its services available to the greatest possible number of eligible persons. The additional management posts which were made available in recent years are enabling it to develop a more structured management approach to the provision of civil legal aid throughout the State. This approach is geared to examine the throughput of cases at law centres and where waiting times, for whatever reason, become excessive the position is examined by the board with a view to taking remedial action.

I do not share the Deputy's view in relation to Article 6 of the European Convention on Human Rights.