There is no intention on the part of the Oireachtas to provide a carte blanche civil legal aid service, counsel for the State told the High Court yesterday. "Perhaps there should be, but that's another day's work," Mr Hugh O'Neill SC, said.
He was making submissions at the close of a legal challenge by a mother of three to delays in securing access to legal aid to process her case for judicial separation from her violent husband.
The woman is seeking damages from the Legal Aid Board for distress and inconvenience following a 2 1/2-year delay in processing her application for judicial separation.
The action, which concluded yesterday with judgment reserved by Mr Justice Butler, is regarded as a test case challenging delays in the provision of civil legal aid.
The Free Legal Advice centres have said there is a "crisis" in civil legal aid provision.
The woman first applied for legal aid in September 1997. In May 1999, 20 months later, she secured a legal aid certificate. She ultimately secured a judicial separation in December 2000.
With the assistance of the Private Practitioners' Scheme, a complementary service funded by the LAB, she made an unsuccessful application for a barring order in early 1998.
After securing her legal aid certificate, she obtained a barring order in July 1999.
The board has argued that, in the circumstances of the case and in light of the increased demand on its services in 1997, there was no unreasonable delay.
It said some of the delay was due to the woman's husband seeking legal aid in July 1999. It pointed to difficulties in securing adequate staff numbers.