Update: Improving Efficiency of the Legal Aid System, 8th July 2015

QUESTION NO:  276

DÁIL QUESTION  addressed to the Minister for Justice and Equality (Deputy Frances Fitzgerald)
by Deputy Bernard J. Durkan
for WRITTEN  on Tuesday, 7th July, 2015.    

 
  *  To ask the Minister for Justice and Equality the extent to which it is intended to improve the efficiency of the legal aid system; and if she will make a statement on the matter.

                                                            – Bernard J. Durkan

 
REPLY.

At present, management of the legal aid system is split between a number of bodies, as set out below.  Considerable rationalisation has already taken place since the Government assumed office and work is underway to further rationalise the existing structures in order to provide for additional efficiencies and synergies. In particular, the efficiencies involved relate to centralising the management and oversight of legal aid under the auspices of the Legal Aid Board. This will bring greater rigour to the current system and ensure accrual of greater expertise in the management and delivery of legal aid, the ability to deploy resources in a more flexible fashion across the legal aid sector and central oversight of legal aid budgets and practices.

As the Deputy knows, the provision of legal aid broadly falls into two separate categories, i.e criminal legal aid and civil legal aid.  The provision of civil legal aid in the State is already delivered through the Legal Aid Board. Criminal legal aid is granted by the Courts, through the Judiciary.

The Mental Health Commission also provides legal aid in connection with Mental Health Tribunals and the Mental Health (Criminal Law) Review Board provides legal aid with in connection with reviews by itself of court orders to commit persons to the Central Mental Hospital (those found not guilty by reason of insanity).

In terms of efficiencies, the Government agreed in late 2010 that responsibility for the management and administration of the main criminal legal aid and various ad-hoc schemes would be transferred to the Legal Aid Board.  To date, responsibility for the administration of the following ad-hoc schemes have been transferred to the Board:

• Garda Station Advice Scheme – 1st October 2011
• Custody Issues Scheme (formerly Attorney General’s Scheme) €“ 1st January 2013
• Criminal Assets Bureau Legal Aid Scheme €“ 1st January 2014

The Government also plans to transfer the responsibility for legal aid at Mental Health Tribunals to the Legal Aid Board subject to the necessary legislative amendments to  the Mental Health Act 2001 and the Civil Legal Aid Act 1995.

In the case of civil legal aid the Legal Aid Board continues to strive to achieve the most efficient use of its resources through the management of its Law Centre network and the use of panels of  Private Practitioners. Steps taken include a start-to-end case management system in its law centres, the introduction of a ‘triage’ approach in all law centres to ensure early legal advice is available, piloting the use of private solicitors in additional areas of work, piloting mandatory information sessions about mediation where there is a dependent child, and restructuring its management / support function. The numbers waiting for services from the Board have dropped from just over 5,000 on the 1st January 2014 to just under 2,900 on the 1st July last.  It should be noted that despite financial pressures, my Department’s financial allocation to the Legal Aid Board has not been cut over recent years.

With regard to the provision of criminal legal aid, I wish to advise the Deputy that I consider that the Criminal Legal Aid system operates reasonably efficiently within its current legislation in terms of the absence of a waiting period associated with the granting of criminal legal aid to persons charged before the courts. The Deputy will be aware that under the Criminal Justice (Legal Aid) Act 1962, the Courts, through the Judiciary, are responsible for the granting of legal aid upon the applicant’s appearance in Court.  However, a new Criminal Justice (Legal Aid) Bill is currently being drafted which will update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. It is anticipated that the legislation will be enacted in 2016.

Consideration is being given to including in the Bill provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute cases of abuse.  Provision to give power to the Legal Aid Board to recover the costs of criminal legal aid or to make application to a court to revoke a criminal legal aid certificate are also under consideration.  These provisions must have regard to a person’s rights to the presumption of innocence, to a fair trial and to be given legal aid where appropriate.      

Overall, this Government has made significant strides in rationalising and improving the efficiency of the legal aid system but this is an ongoing project with additional steps, as set out above, to be taken over the coming number of months.