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Legal Aid Service

Dáil Éireann Debate, Wednesday - 29 June 2011

Wednesday, 29 June 2011

Ceisteanna (160, 161)

John Lyons

Ceist:

171 Deputy John Lyons asked the Minister for Justice and Equality the average waiting period by county, to access free legal aid services in 2009 and 2010; the waiting times by county; his plans to address these waiting times; and if he will make a statement on the matter. [17715/11]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that, while it is difficult to quantify average waiting times for access to free civil legal aid services, the information following provides a breakdown of the waiting time for a non-prioritised matter in each County for 2009 and 2010. On the matter of the Legal Aid Board's plans to address the waiting times the Deputy might wish to review the detailed information provided in Parliamentary Questions number 1 and 15 of 23 June 2011 in which I explained the background to the increased waiting times and the measures that the Board has taken to try to alleviate the problem.

County

Average Waiting Times (Months) 2009

Average Waiting Times (Months) 2010

Dublin

4

4

Cork

5

6

Cavan

4

4

Clare

3

3

Donegal

2

3

Galway

6

3

Kerry

4

5

Kildare

5

6

Kilkenny

2

3

Laois

4

4

Limerick

1

2

Longford

4

4

Louth

0

0

Mayo

3

4

Meath

3

4

Monaghan

3

4

Offaly

3

4

Sligo

3

4

Tipperary

5

6

Waterford

3

3

Westmeath

4

5

Wexford

5

7

Wicklow

6

6

I can further inform the Deputy that there are no waiting lists associated with the criminal legal aid scheme. The assignment of lawyers, or the granting of aid are matters for the Court and, as such, are handled by the judiciary. The Court must be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant for criminal legal aid must establish to the satisfaction of the Court that his/her means are insufficient to enable him/her to pay for legal representation him/herself and if the Court is so satisfied it will award criminal legal aid.

John Lyons

Ceist:

172 Deputy John Lyons asked the Minister for Justice and Equality the number of persons by county currently waiting to access free legal aid services: if he will provide a breakdown of the nature of the applications that is family law and so on; and if he will make a statement on the matter. [17716/11]

Amharc ar fhreagra

I can inform the Deputy that as of 1 June 2011 there were 3,806 persons awaiting a first appointment with a solicitor under the civil legal aid scheme. A breakdown of this figure by county is provided in the following table. The Legal Aid Board does not maintain management information in relation to the nature of the problem for which applicants seek legal services. However, I understand that of the cases in which the Board provided services in 2010 approximately 84% of them related to family disputes, with a further 4% related to children at risk of being taken into care by the HSE. The remainder related to a range of non-family law civil matters.

County

Numbers Waiting at 1 June 2011

Dublin

827

Cork

434

Cavan

92

Clare

113

Donegal

27

Galway

74

Kerry

92

Kildare

238

Kilkenny

217

Laois

205

Limerick

41

Longford

82

Louth

24

Mayo

120

Meath

141

Monaghan

108

Offaly

106

Sligo

81

Tipperary

178

Waterford

104

Westmeath

137

Wexford

236

Wicklow

129

I can further inform the Deputy that there are no waiting lists associated with the criminal legal aid scheme. The assignment of lawyers, or the granting of aid are matters for the Court and, as such, are handled by the judiciary. The Court must be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant for criminal legal aid must establish to the satisfaction of the Court that his/her means are insufficient to enable him/her to pay for legal representation him/herself and if the Court is so satisfied it will award criminal legal aid.

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