LIMERICK County Council is to submit a motion to all local authorities in the country asking them to support a proposal to clamp down on the amount of legal aid paid out in Ireland each year.
The move follows a number of cases at Limerick District Court where Judge Eugene O’Kelly withdrew legal aid to defendants who were unable to attend their hearings because they were on holidays.
The motion, originally submitted by Fianna Fáil councillor Kevin Sheahan with proposals from Cllrs James Collins and Stephen Keary, calls for those eligible for free legal aid to make a financial contribution.
The motion also suggests establishing a national panel of legal representatives who would be paid an annual salary by the government, rather than the current system of paying solicitors and barristers per court appearance.
In addition, it proposes that those eligible for legal aid should be subject to a deduction from their social welfare or salary to contribute towards the cost.
Cllr Sheahan told this month’s Council meeting: “This motion was a result of ordinary people talking to me about the amount of money the state spends on an annual basis on legal aid – €50 million per annum. This is an alarming figure.”
He added that free legal aid was “one of the few pots of resources that has not been touched” since the beginning of the recession.
“People are now being asked to make a contribution to their healthcare even if they’re on medical cards. Then there is the debate around people with cancer who could lose their medical cards unless their cancer is terminal,” continued Cllr Sheahan.
“The number of times court cases are being adjourned is ridiculous. As a layman I see no justification for most of them.”
The Rathkeale councillor concluded: “It’s not fair on the people who are paying the piper and don’t have the opportunity to call the tune.
“My wish would be for it to be abolished, but it needs to be reduced to at least 20 per cent of what it is at the moment because we are broke; we’re borrowing this money.”
His party colleague Cllr Eddie Wade seconded the motion and said: “The general public are totally bewildered when they read about free legal aid. In some cases we have heard about adjournments for fellas who are going away on holidays.”
Fine Gael councillor and practicing solicitor Bill O’Donnell said he agreed with the sentiments of Cllr Sheahan’s motion.
He continued: “I commend Judge Eugene O’Kelly who has streamlined the whole system and brought in more rigorous measures for people to prove that they need legal aid.
“There has been a huge reduction in fees paid to solicitors and barristers over the last number of years with regard to legal aid. I don’t know if it goes far enough to appease public opinion but a lot has been done.”
