A 25-month delay in securing a certificate of legal aid to pursue a family law case was in breach of the European Convention on Human Rights, it was argued in the High Court yesterday.
The action by Ms Marie O'Donoghue is the first case under the convention which which came into Irish law this month. Ms O'Donoghue, of Mahon Drive, Blackrock, Cork, is seeking damages for alleged negligence and breach of constitutional rights in her action against the Legal Aid Board, the Minister for Justice, Equality and Law Reform and the Attorney General.
Asked by Mr Justice Kelly what time period would be reasomnable for the granting of a legal aid certificate, Mr Paul Sreenan SC, for Ms O'Donoghue, said he believed it would be two weeks if the case was handled by a private solicitor.
Mr Sreenan said that a person who was essentially poor was being discriminated against by virtue of their lack of assets. He said it was February 2nd, 1997 when the application for a certificate was made but it was only in March 1999 when the certificate was issued. After a delay of 15 months, family law proceedings were commenced and it was February 2000 when Ms O'Donoghue was granted a divorce and custody of their son.
Mr Sreenan said there were problems in the relationship prior to 1997 and Ms O'Donoghue felt obliged to leave the family home. An arrangement was reached concerning the family home. On completion of this, she raised the question of family law and the fact that her husband was earning £25,000 and she was being given £40 per week in maintenance.
She was anxious to secure a divorce and had obtained a church annulment. Their 19 year old son was mentally and physically handicapped. Her solictior told her she would be entitled to free legal aid. The case continues.