The Gazette 1974

Under the 1949 Act, the scheme only applied initially 10 the Superior Courts, but it was extended in 1956 to County Courts. A Legal Advice Scheme was introduce" in 1959. The 1949 Act was amended in 1960 and 'J 1964. A limited amount of legal aid had been granted in cases involving Magistrates' Courts in 1965, and th 2 whole Legal Aid Scheme has recently been consolidate by the Legal Aid Act 1974. The English Law Society drew up proposals for Advic e Centres in 250 localities in England and Wales, b ut these were never implemented. The Statutory Advic" Scheme of 1959 was eventually amended in 1972, an consequently there is now in England a very flexib' scheme of legal advice and assistance. A defect in tn scheme arises from the fact that som edeprived peop' do not like visiting solicitors' offices in the city centres- Solicitors in the country should assist in advice centre 5 in populous areas like Ballyfermot or Ballymun, wher e whole time solicitors should be employed. A distinctive feature of the English system is that " is mainly contributory. Those who can afford to p 3 ) must do so; the scheme is also financed from the cost 5 awarded against opponents of legally assisted person 5 - The commitment of the British Exchequer is entire') open-ended, and the State has assumed an absolute commitment to meet the necessary costs. The total co 5 of the English Legal Aid Scheme in 1973 was million, to which the State contributed about £} million, almost two-thirds of the cost. In England it 15 not intended to introduce any upper limits to wh' c legal aid is not applicable. As regards the scope of application of Legal Aid, extends in England and Wales to all Courts, but not t° administrative tribunals. Some cases like defamation 3 [ e excluded from the scheme. The schemes for Legal Aid i" England and Wales, in Scotland and in Northern I fe ' land, are administered by their respective Law Societies There is a total staff of 1,400 employed, of which on') 100 are qualified solicitors. The Irish Criminal Justice (Legal Aid) Act 1962 haj extended the right to apply for legal aid in restrict" criminal cases only, but it had now been recognized th 3 ' citizens had a right to apply for legal aid in civil cas" 5 - Mr. Gerard Doyle, in proposing the vote of thanks t0 the Attorney-General, emphasised that Legal Aid h 3 now become a civic duty. On account of the low scale- of remuneration provided by the 1965 Legal Aid Order based on the 1962 Act, many solicitors had had alternative but to opt out of the scheme. It was remark able that Legal Aid had existed in some form in th e United States since 1866, and it was paramount th 3 ] any scheme of Legal Aid devised should be controlled by the Law Society. Mr. P. C. Moore stated that the concept of "co 5 '- following the event" was old fashioned, and would n ot be practical if a scheme of legal aid were to be intr 0 ' duced. Mr. T. C. G. O'Mahony stated it was unfortunat f that the concept of charity in Legal Aid would ^ bolished as he feared that the concepts of human' 1 ) and sympathy would tend to be lost. Mr. Rory O'Connor, in seconding the vote of thank 5 ' commended the activities of the Free Legal Aid Comm' 1 ' tees (FLAC). 156

them. The idea of having a special course for book- keepers is excellent, and should be pursued. The statu- tory charge of a solicitor at £ 6 per hour is far too l o w —t h is should be revised to at least from £10 to £12 per hour. Accountants had now abandoned hourly rates. Mr. Barry (Accountant) stated that it was not known now whether scale charges would be abolished or not, as the National Prices Commission would shortly be holding an inquiry into solicitors costs. The Director-General stressed that it was intended to adjust solicitors' costs as soon as possible. However, in order to succeed, it was paramount that the re- searches should be well documented, and that at least 50% of the questionnaires should be made available, otherwise we will not be taken seriously by the Prices Commission. Mrs. Maura O'Mahony stressed that time-costing would not have much application in conveyancing mat- ters. Mr. Liam Mac Hale (Ballina) said that solicitors were not equally adept in their professional duties, and that they would have to take steps to improve. It was essential to project to the public an image of service to the community. Mr. Brendan O'Maoleoin emphasised that the solici- tors were not philanthropists, but would seek to make a profit. He thought that they should charge at least £15 per hour for their services. The nonsense of counting folios in the charge of documents would have to be stopped. The Attorney-General emphasised that the State had a responsibility to ensure that legal aid, civil and crim- inal, would be made available as of right to those entitled to avail of it. It would be a very complex matter to devise an efficient scheme, therefore it had been decided to set up an Advisory Committee on Civil Legal Aid, which was becoming a matter of critical importance; the members of that Committee under the Chairmanship of Mr. Justice Pringle, had been announced that morning. Mr. Costello then referred to the absence of agreed criteria for the granting of Legal Aid Certificates, and referred to the duty solicitor scheme in Scotland. In England, the system of legal aid had developed gradu- ally. In 1930, Legal Aid was made available for the defence of poor prisoners; in 1949, prisoners could obtain legal aid by reason of the gravity of the charge; in 1962, the criterion became whether it was "desirable in the interests of justice" rather than "by reason of the gravity of the charge". The Widgery Committee in 1973 reported that it was desirable in the interest of justice to have some criteria. In 1945, the Rushcliffe Committee had reported that it was desirable to have legal aid, civil and criminal, available to all deserving cases in all Courts—from Magistrates' Courts to the House of Lords. Th e scheme was to be administered by the legal profession, and all lawyers in the case were to be adequately remunerated. LEGAL AID Mr. William A. Osborne, Vice-President, took the Chair on Saturday morning, May 11th, when the Attorney- General, Mr. Declan Costello, S.C., delivered an address on "Legal Aid".