Ad-hoc legal aid scheme: CAB cases

The Criminal Law Committee examined the provisions of the above scheme which was introduced in April 1998. Having monitored its implementation, the Committee concluded that, given the nature of the work involved, both the fee structure and the level of fees payable to solicitors are inappropriate. The Committee made representations to the Department of Justice, Equality and Law Reform on a number of occasions. The department responded by suggesting some minor adjustments to the scheme. However, the substantive issues remained unresolved when the expansion of the scheme was implemented in March 1999.

Having considered the matter further, and in the absence of any firm proposals regarding a restructuring of the scheme, the Committee advised the Council of the Society of its concerns.

The Council recommends that solicitors do not take on new CAB cases where the ad-hoc scheme is applied. The Council further recommends that, given the nature of the work and in the absence of taxed costs, practitioners should refer clients to the Civil Legal Aid Board.