Mr. Se?n Guerin:

Head 29(1) reads: “The Board may authorise”. That decision of the board is appealable under subhead (3). This language gives the impression that a discretion is intended to be vested in the Legal Aid Board as to whether the payment of fees for an expert will be authorised under the scheme. That is why we have expressed a concern. However, if the intention is otherwise, as has been indicated, then it may be the case that the language can be addressed as part of the legislative process.