The Gazette 1994

GAZETTE

JANUARY/FEBRUARY 1994

V I E W P O I N T Publ ic Expendi ture - Credit whe re Credi t is Due

could be provided for an expenditure of £8.5m per annum. Given the importance of what is at stake - the right of all citizens to have access to justice on an equal footing, regardless of their means - £8.5m is not a high price to pay. The solicitors' profession has not been a lone voice in highlighting the need for a comprehensive, statutory scheme of legal aid; FLAC, the Bar Council, and civil rights groups have all campaigned on this issue over the years. The main point made by nearly all of the interest groups that have lobbied on this issue remains valid: in the absence of a comprehensive civil legal aid scheme, reform of the law - particularly the possible introduction of divorce legislation - will ring hollow to those sections of the community that cannot afford to avail of legal services. The record of this Government on law reform during its first year in office is a promising one, but the provision of adequate legal aid is an essential element of any package of law reform if the ultimate goal of achieving an equitable society is to be achieved. The Law Society has contrasted the provision for legal aid with the allocation in the 1994 estimates to the Department of Agriculture for the development of horse racing and greyhound racing in this country of £7.3m - an increase of 45% over the 1993 figure. This is substantially in excess of the total amount allocated to legal aid. This comparison speaks volumes about the values and priorities of our society; greater concern has been shown for the horse and greyhound racing industries than for the rights of ordinary people to have equal access to the courts to vindicate their rights. The fact that the Government has begun to address the shortcomings in the courts service, and to allocate additional resources to legal aid is welcome, but only as a first step; much more needs to be done. •

Government had spent less than £lm (in total) over the past five years on information technology in the courts service and argued that modern information technology systems were vital to improve efficiency in adminis- tration and to speed up the handling of the vast amount of documentation that goes into court work. Addressing the prizegiving ceremony of the Niall McCarthy Essay Competition last November, the Minister for Justice, Mrs. Maire Geoghegan Quinn acknowledged the importance of computerisation in the development of a modern and efficient court service; she said that technology in the courts was an issue that had not moved as quickly as she would have liked but expressed confidence that substantial progress would be made in the future. In this context, it is disappointing that the provision of £721,000 for office machineries and supplies to the courts in 1994 represents a reduction of £100,000 (12%) on the 1993 figure. Such a modest sum would hardly allow for adequate training for staff, or the provision of hardware, let alone investment in the necessary software. The Law Society/Bar Council submission also argued that the courts were capable of being run in a businesslike manner and that the civil side of court work could, with proper management, be turned into a self financing operation. It is difficult to envisage this being achieved without adequate investment in information technology. The Government should realise that such investment would ultimately pay for itself in terms of the benefits of increased efficiency, saving of staff time and elimination of delay. Legal Aid The increase in the budget of the Legal Aid Board by £2m to £5m will go some way towards reducing the appalling waiting lists at Legal Aid Centres throughout the country. However, the Law Society has argued that a comprehensive scheme of civil legal aid

It is not often in these pages that we find reason to praise the Government or politicians. However, for those concerned with the administration of justice in this country and with achieving a justice system that offers accessibility on equal terms to all citizens regardless of their means, the Government's expenditure estimates for 1994, published in mid-December, contained some good news. The allocation in the estimates of £23.4m to the courts shows an increase of 38% on expenditure in 1993. Of this, almost £4.25m is being allocated to capital expenditure on courthouse accommo- dation representing an increase of 145% on the level of spending in 1993. More- over, the vote for the Department of Equality and Law Reform shows a 68% increase on the 1993 figure, and from this, the allocation to the Legal Aid Board will rise by 56%, increasing its funding by almost £2m to a total of £5m. In a time of increasing demands on the public purse, these figures indicate a measure of good faith and a responsive- ness on the part of Government to sub- missions made in the recent past by the Law Society and other interested groups. They are a welcome indication of a willingness on the part of the Govern- ment to face up to its responsibilities both in relation to improving the courts and providing adequate help to enable people to vindicate their rights. Having said that, it must also be said that the Government has not gone far enough. Courts Service In the autumn of 1993 the Law Society and the Bar Council made a joint submission to the Minister for Justice on the Courts Service. The submission identified the shortcomings of the existing service and, in particular, highlighted the problems caused by delay and the appalling conditions and lack of facilities in many courthouses throughout the country. A start is now being made on the building side. However, the submission noted that the