The Gazette 1993

GAZETTE

SEPTEMBER 1993

V I E W P O I NT

Civil Legal Aid - One Step Forward, One Step Back

In November, 1991, the Society made a detailed submission to the Government making recommendations on necessary and desirable improvements in the Scheme of Civil Legal Aid and Advice. It was pointed out in that submission that the Scheme had been seriously under-funded since its inception and it was reeommended that it should be broadened in its scope and that private practitioners should be brought within its ambit so that a proper service could be provided to those in need. From research conducted by the Society, it is clear that the Scheme of Civil Legal Aid that operates in Ireland is one of the worst - if not the worst - in Western Europe. On a per capita basis, Ireland spends about 8% of that spent on civil legal aid in the United Kingdom. (FLAC estimates that there is one legal aid solicitor serving the needs of 21,102 Social Welfare recipients compared to a ratio of one solicitor per 705 of the rest of the population.) A reasonably comprehensive and effective Scheme of Civil Legal Aid and Advice could be introduced in this country for about £8m. Having regard to the importance of providing assistance to people to defend and vindicate their legal rights, that would be a small price to pay for such a service. While the Law Society has no doubt that the Minister for Equality & Law Reform, Mervyn Taylor , TD, is sincere in his commitment to improving Civil Legal Aid, the recent pilot scheme introduced by the Minister, which envisages the involvement of private practitioners i n j he Civil Legal Aid Scheme, has serious shortcomings. Under the pilot project the Minister has made a sum of £100,000 available to the Legal Aid Board to enable them

properly understand the facts of a broken marriage, including the needs of the children, the needs of the spouses, and advise on the best long- term options for his client, from a short interview a few minutes prior to a court hearing, with five or more other clients also waiting for consultations. The Government must face up to its responsibility to provide a comprehensive scheme of Civil Legal Aid and Advice. If the Government wishes private practitioners to participate in the Scheme - and, in principle, this is the right approach - it must be on the basis of a Scheme that is properly thought out and one that offers fair fees to solicitors for the work involved. People who have to avail of civil legal aid are entitled to the same standard and quality of service and expertise as a private client; indeed, no solicitor would consider giving a less than first class service to a legal aid client. However, solicitors cannot be expected to subsidise the Civil Legal Aid Scheme and thus a fair level of fees must be agreed. In addition, it is clear that the scope of the pilot scheme, and indeed, any longer-term involvement by private practitioners in the Scheme of Civil Legal Aid, needs further consideration. •

to hire solicitors in private practice to handle certain family law cases in the District Court. However, the level of fee offered to private practitioners of £75 per case (reducing to £65 per case after the first four cases) is so inadequate that it left the Council of equally important, is the fact that the pilot project is so limited in scope that civil legal aid clients would not receive a proper service under its terms. The pilot project only covers barring orders, maintenance and custody matters in the District Court. Parties to a family law case will not, therefore, be able to use the Scheme to obtain legal aid to conclude a separation agreement because the Scheme does not cover the negotiation of a Deed of Separation. Thus, it will force parties to litigate, possibly introducing unnecessary acrimony in what are already sensitive matters. If a legal aid client proceedings then he or she will have to use a legal aid solicitor from a Law Centre. Likewise, if the applicant wishes to appeal from the District Court, a Law Centre solicitor must be used. It will be impossible, therefore, for the private practitioner to form an ongoing relationship with the legal aid client. The pilot scheme only applies to court cases and appears to assume that solicitors could take more than five such cases a day. Obviously, it is envisaged that solicitors would not see legal aid clients in their offices but only in court on the day of the hearing. With respect to the Minister, this is conveyor belt legal aid. Family law cases involve sensitive and complex issues. No solicitor could the Society no choice but to recommend to members not to participate in the Scheme. But, in a family law case wants to commence judicial separation

NORTHERN IRELAND AGENT * Legal work undertaken on an agency basis * All communications to clients through instructing Solicitors * Consultants in Dublin if required Contact: Seamus Connolly, Moran and Ryan, Solicitors

Arran House, 35 Amn Quay,

Bank Building,

Hill Street,

Dublin 7.

Ncwry, Co. Down. Tel: (080693) 65311 Fax: (080693) 62096

Tel:(01) 8725622 Fax: (01) 8725404

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