Oireachtas Joint and Select Committees

Tuesday, 30 April 2024

Joint Oireachtas Committee on Justice, Defence and Equality

Legal Aid Board: Chairperson Designate

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

Thinking of access to justice being a fundamental human right, if the body responsible for prosecution already has favourable measurements in being able to keep up morale among its workforce and with pay, that creates an inequality compared with the body which is there to potentially advocate on behalf of people who have to defend themselves. The inequality in terms of being fair and just is kind of embedded. The comparisons with the DPP and the Chief State Solicitor's Office are useful because they illustrate that there are two sides of the coin.

On the digital infrastructure, perhaps Ms Egan will talk a little bit more about the positive impact that would have, but also whether there is scope to perhaps look at it being demand-led rather than budget-led. Has there ever been an analysis done in that regard? I refer to the impact a better digital infrastructure to assess or use particular data could have in respect of legislative and policy changes, and how that might impact the Legal Aid Board and, potentially, the cases it might have to take on. What will happen if the scope widens but the budget does not widen with it? Should a budget analysis be undertaken on the type of investment the Legal Aid Board would need in the context of legislative or policy changes that impact on it? Obviously the EU pact is one such development, but I am sure there are many other changes that happen in law which may impact in that regard. Is the digital infrastructure purely for case management or could it potentially have a much greater impact and perhaps account for some of that analysis?

As regards the staff, including support staff, of the Legal Aid Board, I know there is the obvious structure but I read online that there are 400-odd support staff, with administration and so forth. I note that Ms Egan's opening statement mentioned mediation, especially at a community level. I would love to know a little bit more on that. Is there a case to be made that the Legal Aid Board should be creative with regard to the types of people it is able to employ and given a budget that would enable it to do so? I refer to it employing staff who are trauma-experienced and able to be legal advocates and work with community members who struggle to navigate particular systems. The Legal Aid Board could develop some sort of community development-style approach in how it does its work. The fair access piece is not just about being able to access legal representation; it is also about being able to navigate and understand the whole system.

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