Alan Shatter (Dublin South, Fine Gael)

I thank Deputy Mulherin for providing me with the opportunity to discuss the matters she has raised. As she knows, the Legal Aid Board has 33 full-time law centres located throughout the country, including seven located in Dublin. The board also operates a private practitioner service, refugee documentation service and library service in Montague Lane, Dublin. In addition, the functions of the Legal Aid Board were recently extended to include a family mediation service.

The past three or four years have seen a considerable increase in demand for legal services from the Legal Aid Board. This increase in demand has coincided with the downturn in the economy and greater pressure on Departments and their agencies to provide services from reduced financial resources.

In 2007, slightly more than 10,150 persons sought legal services from the board in relation to general civil, non-asylum matters, a substantial portion of which fell within the family law area. This figure increased to 17,175 in 2010, while the number of applicants in the first six months of this year was almost equal to the total number for the 12 months of 2007. The board has been proactive with regard to the provision of services at this time of increasing demand in a resource constrained environment. It has prioritised certain types of cases for immediate or near immediate service. Priority cases include those where allegations of violence have been made, child custody matters and where statutory deadlines are fast approaching when clients make their first contact with the law centre. These cases comprise some 15% of all applications. A considerable number of other applications are referred speedily to private practitioners. Up to 40% of all cases receive a very speedy service.

The budget for civil legal aid for 2012 is being maintained at the same level as for this year. However, the ongoing increase in the number of people seeking services from the Legal Aid Board makes it inevitable that difficulties will continue. As the Deputy may know, a new board was appointed this week and I am confident it will do its best to address the pressures under which it is operating.

The Legal Aid Board primarily provides legal services through law centres located throughout the country. I am acutely aware that as a consequence of the relatively small number of staff, a retirement or maternity related absence can have significant impact on the capacity of an individual law centre to provide services. The board has been to the fore in making use of the JobBridge scheme. It has retained a number of solicitors who are making a valuable contribution to the board's work in that regard. while at the same time gaining valuable experience that will assist them in the jobs market. The board will pilot an initiative early next year. It is a somewhat different approach to the provision of legal services. It will attempt to ensure every applicant for legal aid gets an appointment with a solicitor within three to four weeks. The person may have to wait for a period of time if he or she wants representation in court, or further steps undertaken on his or her behalf. The Deputy may be aware that in November of this year, I announced the formal integration of the family mediation service with the board. I hope many of the family disputes that have resulted in litigation up to now will be resolved through the use of the mediation service.

I would like to speak briefly about the criminal legal aid scheme. As the Deputy knows, the scheme is demand-led in the sense that it is affected by the incidence of crime, the rate of detection and the prosecution of cases. It is difficult to anticipate the level of activity in this area and to control the costs associated with it. This year's Estimate for the criminal legal aid scheme was €47 million, but that has been exceeded by €10 million to date. It is estimated that the ultimate out-turn will be €57.5 million. Just €47 million will be available for the scheme next year. As Minister, I have to find savings of €10 million. Of necessity, a number of cost reduction measures were implemented this year, including a 10% reduction in the fees and rates payable to legal practitioners under the scheme.

As in other sectors of the economy, the reduction in the fee rates paid under the scheme has had an impact on practitioners. Nevertheless, they cannot be exempt from the financial stringencies that are applying across the public sector, or from the difficulties the State is experiencing within the funds available to it. We have identified a series of cost-saving measures which we hope to implement in 2012. The Deputy's specific suggestion that every successful applicant for criminal legal aid should have to make some initial payment has been investigated by the Department of Justice and Equality. Unfortunately, an examination of the matter has given rise to the receipt of advice to the effect that if we were to introduce such a payment, it could give rise to constitutional difficulties and difficulties pursuant to the European Convention on Human Rights. Nevertheless, we will explore the matter further in so far as we can.

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