6 Kathleen Lynch asked the Minister for Equality and Law Reform the current average waiting time for legal aid in each legal aid board; the waiting time in respect of family law cases; the further proposals, if any, he has for reducing this period of waiting; and if he will make a statement on the matter. [12275/97]

7 Mr. O'Donoghue asked the Minister for Equality and Law Reform the number of applications for divorce and judicial separations currently being processed by each of the Legal Aid Board offices in the State; and the average waiting period between first application to the Legal Aid Board and the first consultation with a solicitor on the date of issuing of court proceedings. [9098/97]

I propose to take Questions Nos. 6 and 7 together.

Records of average waiting times for legal aid are not maintained as such. Current maximum waiting times at each of the 30 full-time law centres on 31 March 1997 for persons seeking the services of the Legal Aid Board are set out in the first tabular statement which I propose to circulate in the Official Report. In six centres the waiting time was one month or less. In five centres the time was between one and two months. In eight centres the time was between two and four months. In five centres the time was between four and six months. In four centres the time was between six and eight months and in the remaining two centres the time was greater than eight months.

Waiting times are continually reviewed by the board and where, for whatever reason, they become excessive the position is examined by the board and appropriate remedial action is taken. There are a number of factors that should assist in improving waiting lists in the future. The full impact of the two new law centres, which were opened earlier this year, as well as the two new law centres opened at the end of last year, has yet to be fully felt, particularly by adjacent law centres. This is also true of the additional staff that have come on stream in accordance with the development plan for the service. Meanwhile, the Legal Aid Board is actively engaged in negotiations, urgently seeking to extend the private practitioners scheme outside the Dublin area to which it is currently confined. Extension of the scheme would have a significant impact on the waiting lists.

The information on waiting times at the board's law centres included in the tabular statement refers to the length of time the person who is the longest on each centre's waiting list has been waiting for an appointment with a solicitor at that centre. It would not be possible without the allocation of a disproportionate amount of the board's resources to give an analysis of the progression of applications and cases through their various stages in the process. Where it is considered necessary, the board prioritises certain cases, some of which would fall into the family law category. In addition, an emergency priority service, where applicants are not placed on a waiting list, is provided in certain child abduction cases, proceedings under the Domestic Violence Act, 1996, and the Child Abduction and Enforcement of Custody Orders Act, 1991, and for the defence of child care proceedings under the Child Care Act, 1991.

With the exception of divorce, the Legal Aid Board does not maintain its records in a manner that would make it possible without the allocation of a disproportionate amount of the board's administrative resources to provide a current breakdown of the waiting period for individual law centres in respect of the wide range of family law proceedings in relation to which services are available to eligible persons. However, such information is extrapolated by the board from its records at the end of each year for inclusion in the statistical data contained in its annual report. Between 1989 and the end of 1996, a total of 5,410 legal aid certificates were issued in respect of judicial separation proceedings, of which 1,252 certificates were issued in 1996. The board anticipates that some reduction in the number of persons applying for legal aid in respect of judicial separation will result from the introduction of divorce.

Detail by law centre of the 1,175 persons who, on 31 March 1997, were seeking legal services from the Legal Aid Board in respect of divorce are set out in the second tabular statement which I propose to circulate in the Official Report. This is the latest date for which such figures have been compiled.

Table 1: Waiting times at the 30 full-time law centres on 31 March 1997.

(*Figure refers to 10 April 1997.)

Table 2: The number of persons at the various law centres awaiting Legal Aid Board services in relation to divorce.

(Average per law centre: 39.17.)

I thank the Minister for his reply. Despite the fact that I have much sympathy with the subject of Question No. 5, it stretches the operation of the system when it takes so long to reach the next question. It is most unfair.

I have close contact with the legal aid centres in Cork city and I have referred many people to them. I agree with the Minister that the centres are doing an excellent job and I recognise that the Minister has allocated more resources in the last three years than have ever been provided for the legal aid system. However, there appears to be a log jam in the Cork North and South Mall centres in relation to people seeking legal assistance for family law matters. The area involves huge urban sprawl but Cork city is such that people from different sides of the city are assigned to different centres to ensure that cases are not misrepresented. There appears to be an inordinate delay in relation to family law cases.

At what speed is the Legal Aid Board pursuing the negotiations with regard to the private practitioners scheme, a service which is only available in Dublin at present? The log jam in Cork will be alleviated when the hump of the divorce legislation is overcome. When will the negotiations be completed to ensure that the services of the private sector will be available in Cork city?

I cannot say when the negotiations for the introduction of the private practitioners scheme outside Dublin will be completed. However, I am aware from the Legal Aid Board that it is pursuing those negotiations with vigour and making every effort to conclude them. I agree with Deputy Lynch that the introduction of the private practitioners scheme would be of immense help to the service. It has been of enormous help in Dublin. It would be of great assistance if those negotiations were concluded. In most law centres the waiting period is quite short. The Legal Aid Board has informed me it monitors this waiting period from time to time and, as necessary, transfers staff from one area to another. The injection of State capital into this service has increased enormously since I assumed responsibility for it. The number of new law centres has almost doubled, as has the number of people working within the service, including solicitors, support staff, clerks and articled clerks, now also recruited by that service. It is a first class service, operating statutorily. It has made huge advances, and is well placed to deal with divorce cases lining up for examination.

Has the Minister details of the average waiting period between the date of first consultation with a solicitor within the legal aid service and the date of issuance of proceedings? What is the average waiting period between the date of first consultation and the hearing of proceedings? If he has not such information readily to hand, perhaps he would circulate it to Members if at all possible.

I understand the waiting periods I gave refer to the time a client would have to await first consultation from the date of application. That is the only data available.

Since this is probably the Minister's last Question Time and the last time we shall meet him in his present capacity — with this 27th Dáil in the midst of its death throes — as my party spokesperson on equality and law reform, I express our appreciation of the help he has given us and wish him and his family good health and every success in the future.

I thank Deputy McDaid and very much appreciate his remarks.

No doubt at some future date the legislation introduced by the Minister will stand as a monument to him and to us all for having had the courage to support it. I wish him and his family all the best in the future.

Thank you.

Written Answers follow Adjournment Debate.