Cecilia Keaveney (Fianna Fail)

This matter relates to the free legal aid scheme. There has been a significant increase in the number of solicitors who are prepared to participate in the scheme as a viable option. I can easily understand the reason for the change in terms of conveyancing and so on, given the downturn in the economy and the number engaged in development. Statistically, however, there has been a significant increase of approximately 90% in the number of solicitors who have taken on free legal aid portfolios.

This Adjournment Matter has been awaiting selection for a couple of months and I note the Minister for Justice, Equality and Law Reform has introduced changes to remuneration levels in providing free legal aid. I seek an update in this regard. I neither challenge the need for free legal aid nor seek to undermine it. However, I suggest there is a need for clarity on means testing pertaining to qualification and on what is and is not covered. Moreover, having observed some court proceedings or monitored them from a distance, I seek clarity with regard to multiple appearances in court. While this could apply to any party in a court case, I refer to those in receipt of free legal aid, in particular. If one's case is constantly deferred for whatever reason, be it by the defence or the prosecution, does the level of expenses increase each time an appearance is made by the legal team? Alternatively, is there a defined number of occasions on which a solicitor or barrister will appear on one's behalf?

As the Minister has been contemplating the review and examination of the free legal aid scheme in its entirety, what are the priorities he intends to examine and review? What matters are causing concern? Does such concern focus on the part of the plaintiff or does it pertain to the amount of money the scheme appears to be absorbing? I acknowledge that I am not an expert on the subjec,t but it has interested me for a number of years. As I noted, I queried this issue a long time before I became aware of the Minister's press releases on his proposed changes to the scheme. I seek clarification on what has happened to date, future intentions, the points of concern and challenges and where the scheme is operating well.

Unfortunately, there are cases in which people really need the support of the free legal aid service. I wish to ensure those who need it most are the ones who receive it and that the limited resources available are spread in a manner that does not, for want of a better term, line anyone's pocket. However, the scheme should be a facility in place for practical purposes to meet a real need. The vast majority in the system require such assistance. However, my query pertains to those who may not be able to gain access to the system and whether there is a need to tweak the scheme.