The Gazette 1992

JULY/AUGUST 1992

GAZETTE

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Legal Aid and Cour ts Need More Resour ces

Recently, the Society has sought through press publicity to highlight the fact that we live in a community where legal aid in civil cases is there in name only. Last November, the Law Society published a comprehensive report on the civil legal aid system in this country, drawing attention to its many inadequacies. This was submitted to the Minister for Justice. So far, we have had no response from the Minister on it. Only last month FLAC drew attention to the lengthening delays for services in many of the legal aid centres around the country. The plain fact is that ordinary people, who cannot themselves afford to pay for legal services, are being treated very shabbily by the State. I have no doubt, personally, that we are in breach of our obligations under the EC Treaties in this respect and that, sooner or later, a case will be taken that will compel the government to provide adequate funding for civil legal aid. In our report, we have made it clear that we believe that, as a minimum, the original recommendations of the Pringle Committee - going back to 1977 - should be implemented in full. If that were done, it would mean that we would have a service which would combine both the private practitioner and State-run law centres. In our view, it is imperative, if there is to be reasonable choice and reasonable

At the International Young Lawyers Conference organised by the Northern Ireland Young Solicitors Group, the Society of Young Solicitors and the Young Members Committee of the Law Society, were l-r: Stewart Murray, President Scottish Young Lawyers' Association; Hilary Wells, Northern Ireland Young Solicitors Group; Adrian P. Bourke, President, Incorporated Law Society of Ireland; Lord Justice O'Donnell, and Paddy Duffy, President of the Northern Ireland Law Society.

scheme. For some reason that I find hard to comprehend, the Government takes the view that a lawyer's services on criminal work are worth but a fraction - varying from one-fifth to one-eighth - of what they command on equivalent civil work. For that reason, the Society has submitted a claim for a substantial increase in the fees payable to solicitors who perform criminal legal aid work. By any standard, the fees payable at the moment are totally unrealistic and, unless the Government meets the reasonable demands that are being made of them at present, it is likely that, within the next few months, many solicitors will seriously reconsider their participation on the Criminal Legal Aid Panel. That's how bad the situation is. Legal Aid System Worst in Europe The total budget for legal aid in this country is about £4.5m. Approximately £2.5m of this is spent on civil legal aid and about £2m on criminal legal aid. In England, by contrast, the total legal aid budget is close to £1 billion. When due allowance is made for population difference, it emerges that the British are spending about ten times the amount that we spend on legal aid. In .other European countries the

picture is much the same. I have no hesitation in saying that, in all probability, we have the worst legal aid system in Europe and, if the Minister for Justice wishes to dispute that, let him do so. Courts Services need more Resources As well as substantial improvements in our legal aid system, our courts service and court administration badly need additional resources. Delays in civil cases in some Circuit Court areas are now very serious and there seems very little prospect that they will improve in the short-term. The position in the High Court is also quite unacceptable at present. Delays in civil cases now run to two years or longer. Moreover, the system of listing cases itself is in urgent need of overhaul. The problems in the Courts can only be solved by the appointment of more judges and extra back-up staff. We would like to see more judges appointed and we have in the past made some suggestions - and will again in the near future - about widening the pool from which they are chosen. I think that increased use of technology would also be of enormous benefit and I would urge the Department of Justice to provide the necessary resources to enable these changes to be effected quickly. •

access to services and if conflict cases in the family law area are to be dealt with adequately, that the private practitioner is brought into the scheme.

Criminal Legal Aid Fees are Unrealistic

That we have as good a scheme of criminal legal aid as we have in this country is due mainly to the judges - and not to the Government. It was their insistence that persons charged with serious offences should be given the services of defence lawyers - at State expense where they could not afford it - that led to the development of the present

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