Select Committee on Legislation and Security díospóireacht -
Wednesday, 12 Jul 1995

SECTION 26.

Dr. Woods

I move amendment No. 22:

In page 16, between lines 3 and 4, to insert the following subsection:

"(6) Notwithstanding subsection (1), legal advice provided by the Board may be granted with or without limitations and may be amended, withdrawn or revoked in accordance with regulations (if any) made under section 37.".

Section 26 deals with the criteria for obtaining legal advice. The reason for the new subsection is to provide for the same powers for withdrawal of legal advice as exist for withdrawal of legal aid. It enables the revoking of a certificate and is also needed to protect the staff. It is similar to provisions in the English legal aid Act of 1988. The amendment is required to deal with situations involving difficult clients, those who will not accept or are incapable of understanding advice, or situations where there may be a waste of resources under the scheme. The proposal is that the board may revoke a certificate if necessary. The Minister may assure us that this is covered elsewhere but it is important that the board is clearly in a position to revoke a certificate. The board will be on a statutory footing. It was previously an administrative body and changes could be made with less difficulty.

Mr. Taylor

I am unclear as to how one could revoke legal advice. Section 26 of the Bill sets out the criteria for granting legal aid. The Bill is quiet clear on all the circumstances under which legal aid may be granted and reflects generally what is contained in the existing scheme. The amendment proposed by Deputy Woods is excessively broad in its scope. It would have the potential to enable the board to impose a variety of conditions or limitations on granting legal advice to an individual, even when he or she has already passed the necessary tests mapped out in the Bill. Some people might think those tests are too restrictive as they stand but if a person passes them, they sould be entitled to the advice. I am at a loss to understand how exactly one could revoke it.

Dr. Woods

It is the certificate that would be revoked then for the tradition of——

Mr. Taylor

There is no certificate for legal advice, only for legal aid.

Dr. Woods

It is of no great importance if the Minister feels it is covered elsewhere.

Mr. Taylor

I would be a little hesitant about putting yet further——

Dr. Woods

There was a case in which an individual became particularly difficult. Somebody tried to set an office on fire, assault staff and that kind of thing. Does the Minister feel happy that in those cases the board would have the power to revoke a certificate or cease giving legal advice? Do they have sufficient power?

Mr. Taylor

I would think so.

Dr. Woods

I will withdraw the amendment.

Amendment, by leave, withdrawn.

Section 26 agreed to.