Mother takes human rights case against State over legal aid delay

The State is today facing its first legal challenge under the European Convention on Human Rights, which was signed into Irish law earlier this month.

The case is being taken by a Cork mother, Ms Marie O'Donoghue, who says she faced a two-year delay in accessing legal aid for a family law case.

If successful, the case could have major implications for the funding of the legal aid system which has been facing growing demand in recent years.

Ms O'Donoghue says she sought legal aid in February 1997 for a case in which she wanted to obtain an increase in child maintenance from her separated husband. However, she says she was unable to access legal aid until 1999 and was living on social welfare during this time.

The legal team handling Ms O'Donoghue's case is expected to argue that the circumstances their client faced were similar to those of another Cork woman, Ms Josey Airey, whose landmark case in 1979 resulted in the establishment of a free legal aid system. Ms Airey's case, which centred on the lack of free civil legal aid, resulted in the Government being found in breach of the European Convention on Human Rights. Access to justice is guaranteed by Article 6.1 of the Convention.

The Legal Aid Board and the Minister for Justice are expected to argue that the board can only provide services within the resources available to it.

The Minister is also expected to argue that the courts do not have the authority to direct the Government on policy issues.

Figures published by the Free Legal Aid Centres (FLAC) last October found clients were facing a wait of more than 15 months at North Brunswick Street, Dublin. There was a year-long delay at Pope's Quay, Cork, and Ennis, Co Clare.

Other centres were also found to have growing waiting lists including Portlaoise (11 months), Navan (10 months), Kilkenny and Finglas (nine months) and Galway (eight months).

Ms O'Donoghue's case is to be heard before Mr Justice Peter Kelly at the High Court today.