Free legal aid - Government must clear the logjam

It is a revealing and shameful comment on austerity-mad Ireland that low earners have to wait more than a year to see a solicitor because the number of people seeking free legal aid has doubled during the Coalition’s harsh economic programme.

A stark glimpse of life below the radar, nationally about 3,000 applicants await a first consultation and 2,000 more are in the queue for a second appointment in some parts of the country. That is a denial of a person’s constitutional rights.

The worst logjam is in Cork South where those on free legal aid have to wait 64 weeks for a first appointment with a solicitor and another year for a second meeting. With Limerick a close second, past experience suggests such delays could backfire on the Government. In 2005, for instance, the High Court in Cork awarded compensation to a woman who had waited 25 months for an appointment, ruling her constitutional rights were breached.

The impact on a person’s wellbeing when legal support is put beyond reach has to be experienced to be understood. It provides further evidence that Ireland’s legal system is two-faced. The door is open to anyone with a fat wallet but closed door to those unable to afford the exorbitant fees of solicitors and lawyers laughing all the way to the bank.

Justice delayed is justice denied. Despite welcome indications the economy is sprouting green shoots,justice is now denied to more people than ever before. This applies particularly to family law cases which can range from issues of guardianship, access, or custody and maintenance to divorce and separation. Because of the growing number of marriage break-downs as families get into financial trouble, demand for free legal aid is increasing rapidly.

To his credit, embattled Justice Minister Alan Shatter admits the demand for services has been rising since the economic downturn began, causing long waiting times for the Civil Legal Aid Board which pays for people who cannot afford a lawyer. Both the minister and members of the legal aid board have a keen sense of the difficulties people feel when their marriage breaks down. The stress suffered by people forced to endure such long delays is mind boggling.

Clearly, if the coalition is to honour its duty of care to people on the margins of society it must provide sufficient resources for the free legal aid system to work. But judging by its obsessional commitment to austerity and of doling out harsh treatment to those in need, people in the queue would be ill-advised to hold their breath.

Disgraceful delays are also hitting the settlement of wills. In Co Waterford, families face an eight-month before they can deal with a relative’s will because of long queues at the probate office. Effectively, a next-of-kin cannot access a dead person’s house, money or land until the High Court in Dublin or a district probate registry issues the relevant document.

With countrywide delays ranging from a fortnight to 32 weeks, and with lack of staffing and an outdated computer to blame, unless more resources are provided, people’s right to their property will be unduly delayed. There is an urgent need to clear the inheritance logjam.