John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 381: To ask the Minister for Justice and Equality if he has assessed the number of applicants seeking services in each of the free legal aid centres; if the number of staff in each centre is sufficient to deal with the demand; if he has identified centres within the service which require further support; if he will explain the reason a person (detail supplied) could not get a legal representative for a court appearance through the centre at Portlaoise, County Laois; and if he will make a statement on the matter. [29693/11]

Alan Shatter (Dublin South, Fine Gael)
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I wish to inform the Deputy that under the Civil Legal Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions. I have no responsibility for the matters which the Deputy has raised. However, as a courtesy to the Deputy I have obtained from the Board the information sought and am providing it to the Deputy.

At the outset, I wish to clarify for the Deputy that the Legal Aid Board provides 'legal aid' and not 'free legal aid'. The vast majority of persons receiving services from the Board pay a small financial contribution. I also wish to clarify that the Board provides services through, inter alia, law centres. There is also an organisation known as FLAC (Free Legal Advice Centres) which is an non-governmental organisation and is not connected to the Board in any way.

I am informed by the Board that there has been a very significant increase in demand for general civil legal aid services in the last number of years and particularly since the economic downturn. In 2007 approximately 10,164 applications for legal services were made. This figure had increased to 17,175 in 2010. The number applying for services in the first six months of this year was almost the same as sought legal services in the whole of 2007. This has given rise to increased waiting times in most geographic areas for matters that are not prioritised. The waiting times in the Legal Aid Board's law centres as of 1 October 2011 and the numbers waiting for a first appointment in each law centre are set out in the table below:

Maximum Waiting Times and Numbers Waiting as at 01/10/2011:

The Board monitors waiting times closely and tries to take steps to address particular issues. However it is not always possible to address specific spikes in waiting times. Prioritised matters continue to get 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. Cases are not prioritised simply because there is a court date pending.

I can also inform the Deputy that the Board, by taking a range of measures, is keeping all of its services under review with a view to ensuring that its resources are used as efficiently and as effectively as possible. This includes greater 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, the integration of the delivery of all services, the introduction of a pilot integrated mediation service involving the Board and the Family Mediation Service, 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 recruitment moratorium in relation to a small number of temporary front-line service delivery positions and the utilisation of (i) a work placement scheme in co-ordination with FÁS, (ii) a small number of solicitors who have sought experience on a voluntary basis and (iii) the new National Internship Scheme.

Finally, I wish to inform the Deputy that as the Legal Aid Board is a statutory, independent body, any decision to grant or refuse legal aid is a matter for the Board. Furthermore, the solicitor/client relationship is protected by privilege in accordance with the terms of section 32 of the Civil Legal Aid Act 1995 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board. I can however advise the Deputy that a person who is refused legal aid may appeal this decision to an Appeal Committee which is made up of non-executive members of the Board.