Irish Examiner view: Taxpayers deserve due process too

A confidential unpublished report, completed by the Department of Justice, has uncovered some disconcerting issues about the free legal aid scheme, from instances of courts not asking for statements of means to the finding that free legal aid cases take nearly two and a half times longer than those not involving free legal aid. File picture 

New rules governing the free legal aid system in our courts are due to come into effect on July 1, and solicitors are unhappy with the proposals. They are planning to strike in protest at the changes, a move which has led to some adverse reactions.

For instance, one High Court judge criticised the Law Society of Ireland this week for failing to inform the courts of proposed withdrawal of legal aid work by solicitors, describing it as “highly discourteous”.

What may be more damaging to the solicitors’ cause, however, is a recent report which sheds light on the operation of the scheme.

The confidential unpublished report, completed by the Department of Justice, has uncovered some disconcerting issues about the scheme, from instances of courts not asking for statements of means to the finding that free legal aid cases take nearly two and a half times longer than those not involving free legal aid.

In one particularly eye-catching case, a staggering 63 legal aid certificates were issued for a single defendant who was accused of brothel-keeping — which generated up to €14,000 in fees for one court appearance.

It is a basic tenet of our democracy that all citizens are entitled to justice irrespective of their financial circumstances. If not, then the law becomes the recourse of the wealthy and falls into disrepute.

However, this report raises questions about the fundamental integrity of the scheme.

If statements of means are not being sought to determine if people genuinely qualify for free legal aid, how are those determinations made? How many legal aid certificates have been issued erroneously or without due process? Has taxpayer money been wasted in this scheme and, if so, how much?

Solicitors may be unhappy with the new procedures being introduced, but clearly the system needs serious reform.

More enterprise sorely needed

Ireland’s travails with building facilities and infrastructure are well known. From the new children’s

hospital in Dublin to the Cork Event Centre, there are plenty of examples on hand to illustrate an inability to complete projects on time and on budget.

And, it seems, to start projects. Niamh Griffin reported here this week that the HSE is to seek planning permission for a hospital in Glanmire in Cork before the end of the year.

This is good news, particularly when one considers the level of overcrowding in our hospitals, but the background to this news is dispiriting.

In 2023, the Department of Health set out plans for the hospital with a view to beginning construction this year and completing the works in 2027.

Last year, the department’s secretary general said the plan was to have the Cork site “up to shovel-ready status” within five years — by 2030.

In short, a hospital which was originally due to be finished in 2027 will be ready for construction in 2030.

When it will be able to accept patients is not clear.

Another development may run in parallel with that project in Cork. As also reported by Niamh Griffin, there is uncertainty about a new hospital in Limerick as health minister Jennifer Carroll MacNeill has not yet appointed a project board some three months after announcing the site for that new facility.

Interestingly, WhiteBox Developments, which is building a cancer unit and other facilities in Limerick, presented a plan to a meeting of Limerick City and County Council on Monday that involves expanding their existing projects to include a new hospital.

The company stated that the hospital could be delivered “on an accelerated timeline” in comparison to the State’s plans.

The contrast between private companies and public bodies is often crude and misleading, and the issues with efficiency in our planning and building systems run deep.

However, the inertia in Cork and the enterprise in Limerick make for an intriguing comparison. It will be interesting to see which project is completed first.

Never mind the World Cup

There are plenty of sporting events on this weekend for those who wish to take in some live action.

Tomorrow night in the SSE Airtricity Men’s Premier Division, for instance, St Patrick’s Athletic play Sligo Rovers at Richmond Park. Tickets can be bought online for the Camac Terrace and range in price from €16 (adults) to €5 for children.

Also tomorrow: Leinster take on the Vodacom Bulls in the URC final at Croke Park. You can get into Hill 16 for €20, with children’s tickets costing €10.

There are plenty of Gaelic football and hurling games on this weekend all over the country, with Kerry at home to Armagh in one of the most promising contests. A terrace ticket for Fitzgerald Stadium this Saturday will cost you €25, with children getting in for €5.

Another sports event has not been quite as reasonable with its pricing plans. There has been a good deal of discussion about Fifa’s extortionate ticket prices for the World Cup, and England’s tournament opener against Croatia yesterday was a case in point. A couple of hours before kick-off, the website StubHub was offering tickets priced between €700 and €5,000.

Yes, the World Cup is a top-class international event which only takes place every four years, but that price seems ridiculously high even for passionate supporters.

For anyone in Ireland going to live sports events this weekend, there’s a lot more value for money on offer.

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