The Gazette 1974

certificate to enable him to have legal aid in criminal cases. At the moment there is agitation by both the solici- tors' and barristers' branches of the profession to have the level of the fees changed. I am having discussions, and in some cases my Department are having dis- cussions, with both branches of the profession to see if we can reach a figure that will satisfy them, all the time keeping an eye over our shoulder on the Ex- chequer, as we must. I would be anxious that the fees would be such that neither branch of the legal profession would have any excuse for dodging what I think is a professional obligation to come into the legal aid scheme, put their names on the panel, and take their turn in providing services for offenders or alleged offenders. T his is very important. There are only two criteria for granting legal aid. One, that it is essential in the interests of justice, having regard to a number of factors including the seriousness of the charge, or if there are exceptional circumstances. This gives the Court wide discretion. The other is that the means of the applicant must not be such that he could provide the service for himself. My experience is that the Courts are generous in granting the certificates of legal aid. During the year we made two amendments to im- prove the structure. These amendments were to enable legal aid to be paid in respect of preliminary hearings in the District Court. This was an odd gap in the system and led to some injustice. I suppose that originally it was felt that, if a person pleaded guilty and was sentenced, that was the end of the matter and that, if there was an appeal, it would be a mere formality. There have been cases of actual hardship with regard to the sentence where there were grounds for appeal on grounds of severity and legal aid was not available and this inhibited appeals being taken. That improvement was made during the year. We also provided a further change during the year to deal with a person who, having pleaded guilty in the lower court, was sent forward for sentence only to the higher court. This was another gap in the system. That person was not entitled to legal aid in the higher court. We have closed that gap, too. At all stages in the criminal legal process, legal aid is available for offen-

ders. It is my hope to increase the level of legal aid for both solicitors and barristers and it is my hope that this increased level will induce more and more pro- fessional lawyers to participate in the scheme so that it will not just be a social service provided by some lawyers with a social conscience but that the profession as a whole will discharge their professional obligation and take part in the scheme. There has never been any system of civil legal aid with the one exception mentioned by Deputy Haughey and, if I might use a phrase which Deputy de Valera does not like, it was an ad hoc arrangement to provide assistance in habeas corpus cases, which of course were usually important cases involving the liberty of an individual and probably an important constitutional point. It was important that such cases would not be inhibited by financial considerations. Consequently legal aid is provided on an ad hoc basis by the Attorney General and the Minister for Finance to defray appli- cants' expenses in such cases. It might be interesting for the House to know with regard to criminal legal aid that there has been a steady increase in the number of claims or applications for it. In 1970-71, the number was 470. It went to 1,271 in 1973-74. That shows there is a greater public aware- ness of the availability of legal aid. I have not got a breakdown as to how many of those were in Dublin. Applications in the Children's Court in Dublin have increased and this would probablv be a contributory factor. This is another figure which it may be of interest to hear. Taking the same period : in 1970-71 expenditure on legal aid was £13,201 and in 1973-74 it was £34.666. This was a considerable increase and possibly—I am subject to correction on this—there was an increase in fees in that period. Even with that the budget, the amount provided, has not been used up each year. For example, in 1972-73. £35,000 was provided and £31,699 was spent. To the end of March, 1974, £45,000 was provided and £34,000 odd was used. The scheme is there and my experience is that it is being used on a pretty wide scale. It is not an extravagant scheme. I say this looking over my shoulder at my colleague in Finance : I think it could stand some increases in fees.

RIGHTS, DUTIES, RESPONSIBILITIES AND OBLIGATIONS OF SOLICITORS A LECTURE TO APPRENTICES By BRUCE ST. JOHN BLAKE, Vice-President, 1973-74

Despite the rather formidable title of this lecture it gives us an opportunity to consider many fundamental matters affecting the Solicitors profession which need to be clearly understood by the members of the pro- fession itself and which are not sufficiently appreciated by the public at large whom it is the role of the pro- fession to serve.

Essential characteristics of a profession Before attempting to examine in any detail such fundamental matters as these it is desirable first to consider the nature and role of a profession. The word professional has certain definite conotations as far as the general public are concerned and is broadly speaking suggestive of competence and ability, whether in fact 281