Bernard Durkan (Kildare North, Fine Gael)

This legislation is welcome and it regulates the operation of the legal profession in terms of the application of charges and the handling of complaints. It is a departure from the existing self-regulation which is good. The establishment of a legal services ombudsman is a positive development and it could be seen as a useful precedent in regard to other areas of dispute.

I refer to legal aid which was originally provided on a voluntary basis but developed from there. It is now a much sought after service. Free legal aid does not apply to any great extent anymore. As my learned colleague, the Minister of State, Deputy Brian Lenihan, knows, only the hardened criminals can be absolutely guaranteed to get free legal aid. I have raised this issue in parliamentary questions and I know there are compelling reasons that is the case. Under the law a person accused of a serious crime is entitled to representation, with which I have no difficulty.

However, what I find difficult to deal with is that there are countless instances where people may not be able to afford to take a legitimate legal case which has good grounds. It would appear their constitutional rights are not being fully observed in the absence of their ability to take such a case. Since they are not criminals, they do not get that automatic access to free legal aid.

From time to time, I have tabled parliamentary questions to try to determine the full extent of the cost of free legal aid for the real criminals about whom we all know. It would be beneficial to legislators to measure the extent to which costs are escalating in that area, particularly in view of the fact many of these well organised, hardened, committed and professional criminals have such ready access to the system at which they seem to laugh and scoff.

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