Legal Aid Farce in Ireland
dublin |
rights, freedoms and repression |
opinion/analysis 
Saturday July 05, 2003 20:24
by Outsider
Irish civil servants guard their unaccountability
In a genuine democracy, every citizen would have the right and the means to sue any branch of the government and to
sue any goverment officer or agent. It doesn't happen in Ireland.
I have a dispute with a certain Irish government department. I have good grounds for suing certain Irish government officials for personal injury to me and my family on account of the negligent manner in which certain Irish government officials performed and failed to perform their duties. My case is valid and would undoubtedly succeed in court. However, I don't have the means to pay legal fees and to risk an adverse judgment with an award for costs against me, which is a real risk in a country like Ireland where something called 'public policy' overrides natural justice.
I applied for legal aid and was refused. Why? Only because Irish government agents wish to remain unaccountable.
The Civil Legal Aid Act 1995 is a total farce. It shields Irish government officials from accountability by declaring that any application for legal aid can be refused if 'IN THE OPINION OF THE BOARD' blah blah blah....
How can you argue with 'the opinion of the Board' - any more than you could argue with 'the opinion of a minister' or 'the belief of a Garda superintendent' under the Offences Against the State Act?
I repeat: in a genuine democracy every citizen would have the right and the means to sue any branch of the government and to sue any person employed by the government. The workings of the Legal Aid Board of Ireland demonstrate the limitations of Irish democracy.
I cannot be more specific about this case and have to remain anonymous because I may be representing myself in court in Dublin soon, after having been refused legal representation by a so-called 'Legal Aid Board of Ireland' which is actually only an 'agency' of the 'Department of Justice' and as such is incapable of impartiality and incapable of assisting any citizen who has a grievance against any branch of the Irish government. Hence the title: Legal Aid Farce in Ireland.
Ireland is not a genuine democracy because Irish citizens do not have the right and the means to sue Irish government officials.
Comments (3 of 3)
Jump To Comment: 1 2 3of course. But this would necesitate a greater number of practising litigants the lawyers than any people civilised, barbarian or just plain stupid could bear; the perfect democrqcy of LAW for all mqy not exist. Thanks to TV we all feel just a little bit familiar with how to be a lawyer, well a US prosecution or defence lawyer ąt least;
do you really want the logical conclusion of the democrats wish?
do you really think human nature so feeble that it could not sustain genuine anarchism?
or do you await "lawyers and lawsuits for All?
dont pay attention to me though I am merely a noted eccentric.
Your case will undoubtably succeed? Did this hit you in the shower one morning, or are you just filled with eternal wisdom? OK, I'm kidding - but it helps not to be so sure, the only way you can go is down from there
I agree that the Legal Aid Board is an absolute mess, however put yourself in the position of someone employed by the Irish government - for all that we know based on your article, your case could be vindictive and spurious and based upon a personal vendetta against this worker. Should there then be an unqualified stream of funding to harass this person further? I'm not saying that you are doing this by any means - but allowing the board some discretion is actually a good idea. There should be safeguards against abuse (which would probably help you out) rather than a lack of any controls.
Having said that, I don't think the answer always in the law - and it rarely lies in the lining of barristers' pockets! I'm not quite sure that "in a genuine democracy every citizen would have the right and the means to sue any branch of the government and to sue any person employed by the government". Again I don't see why government workers should be personally more responsible than private sector workers. I agree that there should be a 'remedy' but not necessarily the 'means to sue'. The American litigation-culture has not necessarily brought about a fairer quality of government, but it has brought about a lot more lawyers. Certainly the right to sue exists generally at present but of course the problem is money. Personally I'd prefer a change in lawyer's fees (ouch, he says, shooting himself in the foot) rather than an increase in legal aid payments.
But in any case - especially if you are going to represent yourself (and it's not all that bad - there have been some famous victories over the state in that context) - good luck :)
People rarely get legal aid for personal injury. It's not a conspiracy it is just how it is. Legal aid is generally only given for crime because you need it. Your liberty is at stake. Your making a conspiracy theory out of a policy in force for years. People get refused legal aid for suing non state bodies for personal injury all the time. Your not being screwed by the system. That's how it works.
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