The Gazette 1995

GAZETTE

JULY 1995

they do have a legal problem, do not go to a lawyer for assistance. This is caused by the cultural gap which exists between the two. Lawyers are from a different educational and social background than their potential clients, and there can be a perception that they have no understanding of the difficulties o f those who c ome from a totally different environment. The Committee recognised that each o f the identified barriers had to be removed and, therefore, advocated a service which would be concerned with more than merely providing the public with access to lawyers and the courts. T o date only the issue o f cost has been addressed by the S c h eme of Civil Legal Aid and Advice, and the current Bill will do nothing to ameliorate the situation. Advice, assistance and representation are merely part o f the picture. Rather a comprehensive service would seek to tackle all the factors which hinder full equality o f access to justice. Education, research, and law reform must also be seen as essential for publicly funded legal services to be effective and comprehensive. Education as to rights and services should be incorporated as part o f the functions o f the Legal Aid Board to counter the lack of awareness on the part o f its clients. In addition, pro- grammes of education as to legal rights are very important if progress is to be made in identifying unmet legal need. The present Legal Aid Board is in an ideal position to study the effects of much social legislation and make appropriate recommendations. Reform of the law that causes problems may be a much more efficient way of dealing with a lot o f people's problems than litigation. F LAC has always advocated that law centres have an input from the communities they serve 8 . Community management committees could determine the priorities o f the law centres in response to the needs o f the local area, and such involvement would foster an understanding of the law and its uses. In the current S c h eme

there is provision for limited community consultation but this has been removed from the Bill. Moreover, the Legal Aid Board which administers the Law Centres, has no input from representatives of the client group. Organisations such as the Combat Poverty Agency or Wome n 's Aid have practical knowledge of the difficulties confronting those who must use the services o f the Board and Indeed in the course o f the Seanad's debates, many Senators proposed amendments to ensure that some element o f control would be vested in those for whom the service is established. However, while accepting these arguments, the Minister refused to allow a statutory obligation to include such representation at Board level'. The Civil Legal Aid Bill, 1995, provides a unique opportunity for debate on the future and nature of publicly funded legal services in Ireland. The original S c h eme was introduced as an immediate response to the decision in the Airey case, and within its remit it has developed as an excellent family law representation service. But that remit was never intended as a long term strategy for legal aid. It would therefore be regrettable if the experience of the past 15 years were to be largely ignored and the inadequacies of the current S c h eme copperfastened into legislation. this experience is invaluable in ensuring effective delivery of publicly funded legal services.

Civil Legal Aid and Advice, ibid. 7. Report on the Proceedings of the Seanad, Irish Times, 12 May 1995. 8. The Closed Door - A Report on Civil Legal Aid Services in Ireland, F LAC & Coolock Community Law Centre, 1987. A Submission to the Department of Equality & Law Reform on civil legal aid services in Ireland, F LAC 1994. 9. Official Debates of Seanad Eireann, 6 April 1995.

Winner h Second

Irish Solicitors

Golfing Society

Captains Prize

The results of Richie Bennett's Captains Prize held at Courtown on 31 May 1995 were as follows:-

Ciaran O 'Connor 41 points (H/C 17)

John Bourke

41 points

|

(H/C 11)

Third

Frank O ' Donn e ll 4 0 points (H/C 2 4 )

i The Patrick's Plate

David Alexander points (H/C 9 )

Winner

39

j

Brendan

Duke 38 points

Second

(H/C 9)

Handicaps 13 - 28

, 1 . David Tansey 4 0 points (H/C 15) I 2. Pat McGonagle 38 points (H/C 17) | Director General's Cup Rob Cussen 35 points (H/C 12) Front Nine Rory Deane 21 points (H/C 6 ) B a c k Nine Kevin Byrne 21 points (H/C 9 ) Winner

*Sabha Greene is the Administrator of Free Legal Advice Centres

Footnotes

1. Civil Legal Aid Bill, 1995. Presented by Senator Maurice Manning, 2 February, 1995. 2. Scheme of Civil Legal Aid and Advice, as amended, 1 9 8 0 - 8 6 . 3. Report to the Minister for Justice of the Committee on Civil Legal Aid and Advice. 14 December 1977. 4. Airey -v- Ireland. Judgment of the Court, 9 October 1979. 2 .E.H.R.R. 305. 5. Annual Report of the Legal Aid Board, 1992. 6. S.2.6.6., p 46, Report of the Committee on

Í Over 30 miles from Courtown.

Tim O'Sullivan

37 points (H/C 24).

194