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Legal-aid arrears to be cleared - Gov't

Published:Wednesday | November 3, 2010 | 12:00 AM

Lawyers who provide legal aid services in criminal cases are being assured by the Ministry of Justice and the board of the Legal Aid Council that everything is being done to have $36 million in arrears cleared as soon as possible.

The assurance came following a meeting called yesterday by the board to discuss the threat issued by the lawyers to withdraw their services because of outstanding payments for legal aid assignments.

"This meeting is not a knee-jerk reaction, as we recognise that we have a challenge in meeting this obligation and we have been taking steps over a prolonged period to have the matter addressed," said Robert Rainford, permanent secretary in the Ministry of Justice.

Rainford further said, in a news release issued yesterday by the ministry, that he had been in constant dialogue with the Ministry of Finance and the Public Service in an effort to have the issue resolved.

Root of challenge

Attorney-at-law Hugh Faulkner, executive director of the council, disclosed that only 25 per cent of what was requested for the 2010-2011 budget was received, which was the root of the challenge the council now faces.

"The ministry and the Legal Aid Council will be approaching the Advocates Association of Jamaica, the Jamaican Bar Association and the regional bar associations to secure a meeting to initiate discussions about how best to review the current payment method now being utilised, and to get their support for the measures being discussed with the Ministry of Finance and the Public Service," the release stated.

Last week, a number of attorneys-at-law told The Gleaner that they were planning to stop doing legal aid assignments in criminal cases because of the long delay in getting payment from the Government.

One lawyer said the Government owed him $2 million and all he got so far were three payments of $80,000 each.

In 2004, it was reported that lawyers were owed $43 million in fees by the Government's legal aid programme. At the time, then Justice Minister A.J. Nicholson said the attorneys would be paid all outstanding fees by the end of the year.