Dara Calleary (Mayo, Fianna Fail)
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Question 1: To ask the Minister for Justice and Equality the current delays to access a civil lawyer via the Legal Aid Centre; if he will consult with the Department of Social Protection in relation to utilising the new internship scheme to assist the Legal Aid Board in addressing the delays in civil law cases. [16779/11]

Alan Shatter (Dublin South, Fine Gael)
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I can inform the Deputy that the Legal Aid Board is committed to seeking to ensure that applicants for legal services receive a substantive appointment with a solicitor within a maximum period of four months. This is consistent with the view expressed by the High Court in the O'Donoghue case. Certain types of cases are deemed by their nature to merit the provision of an immediate or near immediate service. Priority cases include those where there are allegations of violence, child custody matters and where statutory deadlines are fast approaching when clients make their first contact with law centres. These comprise some 15% of all applications to law centres. A considerable number of other applications are referred speedily to private practitioners. Thus, up to 40% of all cases receive a very speedy service. In addition, because the Refugee Legal Service operates to strict statutory deadlines every asylum case processed by the board is a priority case by reference to the speed of response from the organisation.

The past three years have seen a considerable increase in demand to the Legal Aid Board for legal services and this coincides with the downturn in the economy. In 2007 just over 10,164 persons sought legal services from the board in regard to general civil non-asylum matters. This figure increased to close to 17,175 in 2010. This amounts to an increase of some 69% in that period. In the first five months of 2011 the demand for services increased by 22% on the same period last year indicating that the increase in demand shows no signs of abating. Inevitably, this has created huge pressures for the law centres and their capacity to deliver legal services within a reasonable period of time. As of 1 June 2011 the waiting time in 16 of the board's 29 law centres was greater than four months. In six of those centres the waiting time was greater than six months. As of 1 June 2011 there were 3,806 persons waiting for a first appointment with a solicitor. This compares to 3,153 on 1 January 2011, 2,335 on 1 January 2010 and 1,681 on the 1 January 2009.

Additional information not given on the floor of the House.

Civil legal aid in Ireland is delivered through the board's 29 law centres and a small number of specialist units. The service is complemented through the extensive use of private practitioners. Such use has, however, had to be constrained as a consequence of the increased demand and the extent of the board's financial resources to meet this.

The board's grant-in-aid, which accounts for the vast majority of its funding, other than in regard to asylum, has been as follows since 2008: 2008 - €26,988,000; 2009 - €26,310,000; 2010 - €24,225,000; and 2011 - €24,125,000.

Like all public service organisations, the board has also been subject to the public service recruitment embargo and the employee control framework. While the board had a full staff sanction of 384, the current staffing is in the region of 350. The board has sought to maintain its front line staffing to the greatest extent possible.

The board has taken a range of measures with a view to addressing the increasing demand for services in a resource constrained environment. These include increasing the number of cases referred to private solicitors for the purpose of providing a service; an advice-only service which facilitates an earlier brief meeting with a solicitor where applicants are likely to have to wait in excess of four months for a substantive appointment; an integration of the delivery of all services with a view to ensuring the most effective deployment of resources; and the recent introduction of a pilot integrated mediation initiative in Dublin involving the board co-locating and co-operating with the Family Mediation Service and the Courts Service. The purpose of the initiative is to offer applicants for legal services alternatives to litigation in the courts as a better, and from the State's point of view, a more cost-effective means of resolving family law disputes. More of this range of measures include the creation of specialist units for medical negligence and child care services; and the current development of a new legal case management system that is likely to improve the efficiency of service delivery, the management of risk in the organisation and provide for online applications.

The board has also made use of a very limited exemption from the moratorium in regard to a small number of temporary front line service delivery positions.

The board has been operating a work placement scheme in co-operation with FÁS over the past two years and has also utilised a small number of solicitors who have sought experience on a voluntary basis. Under the work placement scheme the board has engaged up to ten solicitors at any one time. The placements are for a maximum of nine months and consist of a commitment to 30 hours per week. The board is very prepared to utilise all avenues available in addressing the huge surge in demand for services, including the intern scheme referred to.

I intend to have a conversation with the chairperson of the Legal Aid Board regarding the utilisation of the new national internship scheme, which is due to commence on 1 July 2011, to temporarily assist in reducing the backlog currently affecting the law centres.

Dara Calleary (Mayo, Fianna Fail)
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I apologise for the delay. I want, first, to acknowledge the Minister's record over many years as a practitioner in this area. I know that he has been very involved. I am sure he will agree that to have 3,800 people waiting for this service on 1 June is something that we cannot stand over and we need to put in place some preparations to address this.

The internship scheme announced in the context of the jobs initiative would seem to present opportunities for law graduates or practising solicitors or barristers who currently do not have any job opportunities. Some statistics were given in the past fortnight of the number who are applying to register in the UK.

Has the Minister or the Legal Aid Board discussed an initiative with the Minister, Deputy Joan Burton, whereby people could be available in 16 of the 29 centres where the waiting time is more than four months and in those six centres where the waiting time is far longer than that? Has the Minister consulted the Legal Aid Board as to whether there is a disparity in waiting times across centres? Are there management issues in local offices and practices that some offices use that may be replicated around the network that could assist in the management of the case studies and ensure that people get a chance to access the service?

In the area of civil law, particularly when people are facing huge challenges in terms of debts with financial institutions and other organisations, will the Minister consider a specific initiative to make people experienced in this area available to those seeking consultation on this issue?

Alan Shatter (Dublin South, Fine Gael)
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I thank the Deputy for his questions; they are all important issues. The real problem is that at this time when an increasing number of people are using the civil legal aid system there are decreasing resources. For example, the board's grant-in-aid, which accounts for the vast majority of its funding, other than in regard to asylum, has been as follows since 2008 - €26,988,000 in 2008, €26,310,000 in 2009; €24,225,000 in 2010 - €2 million less than in the previous year; and €24,125,000 in 2011, based on the funding provided in budget 2010 by the Deputy's Government. There has been a huge increase in the numbers seeking to use the service and a substantial decrease in the funding available. I am very concerned about this. It is of great importance that people have access to legal advice and legal assistance where they require it. I do not regard it as satisfactory that delays exist which have been detailed and documented in Dáil questions that have been tabled in recent weeks and I will not delay the House by going into the detail of those delays.

I have had discussions with Anne Colley, chairman of the Legal Aid Board. I have asked that the Legal Aid Board use the scheme that is available for interns with a view to recruiting from among the more than 1,000 unemployed young solicitors in this country. This scheme provides a facility to deal with some of the issues of long delays in people getting access to legal help and advice in circumstances in which the State does not have resources to recruit additional full-time people. This is the only way in which we can provide access to legal advice. Using interns in this way will give them experience and relieve pressures on existing staff within the law centres. That is very helpful and I am looking forward to the Legal Aid Board making application for use of interns when the scheme formally starts to commence on 1 July.

I might rapidly reply to the other two questions the Deputy asked me. I understand from conversation with the chairman of the board that they are looking at management and work systems in the individual centres to ensure they operate to the maximum efficiency. The debt crisis issue is another matter that falls within the bailiwick of the law centres. The overall issue is to try to ensure that better management systems and provision of interns at least facilitate a reduction of the backlog and people getting access to the legal help they require.

Dara Calleary (Mayo, Fianna Fail)
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Regarding the internship scheme, I welcome the commitment of the Minister and his former colleague in the House, Ms Anne Colley. Has the Minister set a deadline by which people must apply to the scheme? Does his office have plans as to when these people will be made available?

Alan Shatter (Dublin South, Fine Gael)
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The scheme formally starts on 1 July. Applications must be made through the Department of Social Protection. The scheme has substantial possibilities for providing some work experience for young people who are unemployed and have a variety of skills. The Legal Aid Board is one of the areas in which the scheme will be used. In my conversation with the chairperson, she was enthusiastic about using the scheme. I anticipate that applications will be made for interns and I hope those applications will be processed rapidly. The Legal Aid Board and Ms Colley, who has done an excellent job as its chairperson, will have my full support as Minister for Justice and Equality.