The Gazette 1983

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE Vol. 77. No. 2.

March 1983

In this issue . . . Comment The Power of the Prosecution to Appeal Acquittals

C o m m e n t • . . Civil Legal Aid Scheme — — an Update T HE 1981 Report of the Legal Aid Board makes depressing reading. It follows the commendable example of the previous Report, by including comment on developments after the end of the year under review. Unfortunately, the most significant developments in 1982 seem to have been negative — insufficient funding, un- acceptable strings attached to a particular offer of funding, an embargo on replacing professional staff who resigned. In 1981 itself, three law centres had to closé temporarily for periods, because of excessive work loads. An early criticism of the scheme was that it could not provide adequate service in rural areas. The Report notes that the Board's aim of establishing three further pro- vincial centres had to be abandoned because funds would not be provided on an acceptable basis. It is pleasing to note that there has been an improvement in the cost of handling each case, from the very high 1980 figures. Unfortunately, the administration required to process the applications on eligibility grounds will almost ' certainly result in the cost per case remaining high. The Report notes that, as there has been no change in the means test since February 1981, the proportion of the population eligible for legal aid services has declined. This factor, coupled with the restrictions on staff numbers, suggests that the service will contract, rather than expand. The scheme is increasingly a Family Law scheme, 75% of the cases in 1981 falling into this category, compared with 68% in 1980. More significant perhaps, is the fact that the percentage of family law cases which require the provision of representation in Court, as opposed to advice only, was 40%, whereas in all other categories of cases, it was a mere 8%. The volume of such cases going to Court, — 1,500 — raises again the need for a system to enable those whose marriages have irretrievably broken down to settle their affairs other than through the adversarial process of a Court. While the Report rightly urges the value of marriage counselling, there is also a need for a service for those for whom counselling fails. The type of conciliation service operated in the Bristol Courts, which provides the service of trained social workers to assist the unhappy couple to disentangle their domestic and financial affairs, is one which deserves study here. • 27

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29 34

National House Building Guarantee Scheme

Conveyancing Notes

34

Professional Indemnity Insurance

34

Education Note

34

Special General Meeting of the Law Society

35 36

U.C.G. Graduates Association

Book Review

39

Counsels' Fees — Statement from Bar Council European Community Law, Irish Law and the Irish Legal Profession

39

41 47 47

Correspondence

Fees for attending Social Welfare Appeals

Professional Information

48

Executive Editor: Mary Buckley Editorial Board: Charles R. M. Meredith, Chairman John F. Buckley Gary Byrne William Earley Michael V. O'Mahony Maxwell Sweeney Advertising: Liam Ó hOisin, Telephone 305236 The views expressed in this publication, save where other-wise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Published at Blackhall Place, Dublin 7.