Written answers
Tuesday, 4 October 2011
Department of Justice, Equality and Defence
Legal Aid Service
8:00 pm
Clare Daly (Dublin North, Socialist Party)
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Question 486: To ask the Minister for Justice and Equality if he will allocate sufficient resources to address the waiting lists for free civil legal aid which have in many areas gone far beyond the two to four months advised by the 2005 High Court decision O'Donoghue versus the Legal Aid Board; and if he will make a statement on the matter. [27545/11]
Alan Shatter (Dublin South, Fine Gael)
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I can inform the Deputy that every possible effort is made to allocate sufficient resources to the Legal Aid Board notwithstanding the current economic difficulties. The assignment and allocation of staff and other resources is entirely a matter for the Board which is an independent entity.
I am aware that the LAB has seen a very significant increase in demand for general legal aid services in the last number of years and particularly since the economic downturn. While regrettably this has given rise to increased waiting times in many areas for matters that are not prioritised, I am advised that prioritised matters continue to receive an immediate or near immediate service. Prioritised cases include those involving domestic violence, children at risk of going into care, child abduction and critical dates that are close to expiry.
Notwithstanding the pressure on its resources in the current economic circumstances, the LAB is fully aware of the need to work more efficiently within existing resources and that further monies cannot be allocated without taking them from elsewhere. To this end, the LAB has taken a range of innovative measures with a view to addressing the increasing demand for services in a such a resource constrained environment, including:-
more use of the private practitioner scheme
an 'advice only' service 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 to ensure the effective deployment of resources
the introduction of a pilot integrated mediation initiative involving the LAB co-operating with the Family Mediation Service and the Courts Service. This will offer alternatives to litigation in the Courts to applicants for legal services and is a better and more cost effective means of resolving family law disputes
the creation of specialist units for medical negligence and child-care services.
the development of a new legal case management system
the use of a very limited exemption from the moratorium in relation to a small number of temporary front-line service delivery positions
the operation of a work placement scheme in co-operation with FÁS, and the utilisation of a small number of solicitors who have sought experience on a voluntary basis
the utilisation of the new National Internship Scheme
The allocation of further resources to the LAB is not under consideration given the many demands on my Department's Vote and the obligation to further reduce Government expenditure. Due to budgetary constraints, there is a requirement for all Government Departments and Agencies to be more efficient, effective and innovative and to deliver services with fewer resources. I am satisfied that the Legal Aid Board is making determined and intelligent efforts to allocate its resources in a manner designed to meet the increasing demands for front line services and I support their innovative approach to achieve these aims.
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