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certificate to enable him to have legal aid in criminal
cases.
At the moment there is agitation by both the solici-
tors' and barristers' branches of the profession to have
the level of the fees changed. I am having discussions,
and in some cases my Department are having dis-
cussions, with both branches of the profession to see
if we can reach a figure that will satisfy them, all the
time keeping an eye over our shoulder on the Ex-
chequer, as we must. I would be anxious that the
fees would be such that neither branch of the legal
profession would have any excuse for dodging what I
think is a professional obligation to come into the legal
aid scheme, put their names on the panel, and take
their turn in providing services for offenders or alleged
offenders. T his is very important.
There are only two criteria for granting legal aid.
One, that it is essential in the interests of justice,
having regard to a number of factors including the
seriousness of the charge, or if there are exceptional
circumstances. This gives the Court wide discretion. The
other is that the means of the applicant must not be
such that he could provide the service for himself. My
experience is that the Courts are generous in granting
the certificates of legal aid.
During the year we made two amendments to im-
prove the structure. These amendments were to enable
legal aid to be paid in respect of preliminary hearings
in the District Court. This was an odd gap in the system
and led to some injustice. I suppose that originally it
was felt that, if a person pleaded guilty and was
sentenced, that was the end of the matter and that, if
there was an appeal, it would be a mere formality.
There have been cases of actual hardship with regard
to the sentence where there were grounds for appeal on
grounds of severity and legal aid was not available and
this inhibited appeals being taken. That improvement
was made during the year.
We also provided a further change during the year
to deal with a person who, having pleaded guilty in the
lower court, was sent forward for sentence only to the
higher court. This was another gap in the system. That
person was not entitled to legal aid in the higher court.
We have closed that gap, too. At all stages in the
criminal legal process, legal aid is available for offen-
ders. It is my hope to increase the level of legal aid
for both solicitors and barristers and it is my hope that
this increased level will induce more and more pro-
fessional lawyers to participate in the scheme so that
it will not just be a social service provided by some
lawyers with a social conscience but that the profession
as a whole will discharge their professional obligation
and take part in the scheme.
There has never been any system of civil legal aid
with the one exception mentioned by Deputy Haughey
and, if I might use a phrase which Deputy de Valera
does not like, it was an
ad hoc
arrangement to provide
assistance in
habeas corpus
cases, which of course were
usually important cases involving the liberty of an
individual and probably an important constitutional
point. It was important that such cases would not be
inhibited by financial considerations. Consequently
legal aid is provided on an
ad hoc
basis by the Attorney
General and the Minister for Finance to defray appli-
cants' expenses in such cases.
It might be interesting for the House to know with
regard to criminal legal aid that there has been a steady
increase in the number of claims or applications for it.
In 1970-71, the number was 470. It went to 1,271 in
1973-74. That shows there is a greater public aware-
ness of the availability of legal aid. I have not got a
breakdown as to how many of those were in Dublin.
Applications in the Children's Court in Dublin have
increased and this would probablv be a contributory
factor. This is another figure which it may be of
interest to hear. Taking the same period : in 1970-71
expenditure on legal aid was £13,201 and in 1973-74
it was £34.666. This was a considerable increase and
possibly—I am subject to correction on this—there was
an increase in fees in that period.
Even with that the budget, the amount provided, has
not been used up each year. For example, in 1972-73.
£35,000 was provided and £31,699 was spent. To the
end of March, 1974, £45,000 was provided and
£34,000 odd was used. The scheme is there and my
experience is that it is being used on a pretty wide scale.
It is not an extravagant scheme. I say this looking
over my shoulder at my colleague in Finance : I think
it could stand some increases in fees.
RIGHTS, DUTIES, RESPONSIBILITIES AND
OBLIGATIONS OF SOLICITORS
A LECTURE TO APPRENTICES
By BRUCE ST. JOHN BLAKE, Vice-President, 1973-74
Despite the rather formidable title of this lecture it
gives us an opportunity to consider many fundamental
matters affecting the Solicitors profession which need to
be clearly understood by the members of the pro-
fession itself and which are not sufficiently appreciated
by the public at large whom it is the role of the pro-
fession to serve.
Essential characteristics of a profession
Before attempting to examine in any detail such
fundamental matters as these it is desirable first to
consider the nature and role of a profession. The word
professional has certain definite conotations as far as the
general public are concerned and is broadly speaking
suggestive of competence and ability, whether in fact
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