Dáil Éireann Debate, Wednesday - 14 September 2011
608 Deputy John Halligan asked the Minister for Justice and Equality if his attention has been drawn to the waiting period for persons applying for free legal aid; if his further attention has been drawn to some instances people are waiting between four to five months to be provided with public representation; his plans to rectify this situation; and if he will make a statement on the matter. [22679/11]
Amharc ar fhreagraI wish to inform the Deputy that under the Civil Legal Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions. However, as a courtesy to the Deputy I have obtained the information sought and am providing it to the Deputy.
I am informed by the Board that there has been a very significant increase in demand for general civil legal aid services in the last number of years and particularly since the economic downturn. The number applying for services in the first six months of this year was almost the same as sought legal services in the whole of 2007. This has given rise to increased waiting times in most areas for matters that are not prioritised. Prioritised matters continue to get an immediate or near immediate service. The sort of matters prioritised include cases involving domestic violence, the risk of children going into care, child abduction, and critical dates being close to expiry. Some other cases that are heard in the District Court are also given earlier appointments.
The Legal Aid Board has in place an ‘advice only' service for non-prioritised matters where an applicant is likely to be waiting to for more than four months to have a first appointment with a solicitor. The aim of this service is that the applicant gets legal advice about their problem prior to getting a substantive service. The Board is keeping all of its services under review with a view to trying to ensure that its resources are used as efficiently and effectively as possible.
I should point out that what is provided is ‘legal aid' and not ‘free legal aid'. The vast majority of persons receiving services from the Legal Aid Board pay a small financial contribution.
