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WEDNESDAY, JULY 21, 1993
OPTION (A) IS TO ESTABLISH AN ADVISORY COMMITTEE ON LEGAL AID AND TO MAINTAIN LARGELY THE STATUS QUO,
STATUTORY
* OPTION (B) IS TO ESTABLISH A NON-GOVERNMENT
AUTHORITY FOR THE DAY-TO-DAY ADMINISTRATION OF PUBLICLY- FUNDED LEGAL AID SERVICES TO REPLACE THOSE PROVIDED BY THE LEGAL AID DEPARTMENT AND THE VARIOUS SCHEMES OPERATED BY THE LEGAL PROFESSION.
*
OPTION (C) ENVISAGES ALSO THE ESTABLISHMENT OF AN INDEPENDENT STATUTORY AUTHORITY WITH RESPONSIBILITY FOR THE OVERALL MANAGEMENT OF PUBLICLY-FUNDED LEGAL AID SERVICES, BUT RETAINING THE LEGAL AID DEPARTMENT AND THE LEGAL ADVICE AND DUTY LAWYER SCHEMES, EFFECTIVELY AS AGENTS DISCHARGING THE AUTHORITY'S RESPONSIBILITIES.
SIR DAVID SAID WHILE
OPTION (A) MIGHT NOT BE A BIG STEP FORWARD, THE OTHER TWO OPTIONS WENT A LONG WAY TOWARDS ENHANCING THE PERCEPTION OF INDEPENDENCE OF LEGAL AID ADMINISTRATION, AS THEY BOTH PROVIDED FOR THE SETTING UP OF AN INDEPENDENT STATUTORY LEGAL AID AUTHORITY.
"THE STATUTORY AUTHORITY SHOULD COMPRISE LAWYERS AND NON- LAWYERS AND THIS WOULD PROVIDE GREATER OPPORTUNITY FOR PUBLIC PARTICIPATION IN THE ADMINISTRATION OF LEGAL AID.
THE TRANSPARENCY AND ACCOUNTABILITY OF LEGAL AID ADMINISTRATION WOULD ALSO BE ENHANCED, SAID SIR DAVID.
HE POINTED OUT THAT THE MAIN DIFFERENCE BETWEEN OPTIONS (B) AND (C) WAS THAT OPTION (C) DID NOT INVOLVE THE DIS-ESTABLISHMENT OF THE LEGAL AID DEPARTMENT OR THE DISSOLUTION OF THE SCHEMES CURRENTLY BY THE LEGAL PROFESSION.
"THEIR EXISTING ACTIVITIES WILL BE RETAINED BUT THEY OPERATE UNDER THE SUPERVISION AND CONTROL OF THE NEW AUTHORITY. ARE EFFECTIVELY AGENTS OF THE AUTHORITY AND ARE ACCOUNTABLE TO IT, SAID.
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SIR DAVID SAID THE WORKING GROUP FAVOURED OPTION (C) AS IT MET THE OBJECTIVE OF ENHANCING THE INDEPENDENCE OF LEGAL AID ADMINISTRATION, AND WAS CAPABLE OF QUICKER IMPLEMENTATION WITH LESS DISRUPTION IN THE DELIVERY OF LEGAL AID SERVICES DURING ANY CHANGE- OVER.
NOT
HE REFUTED ANY SUGGESTION THAT BECAUSE THE LEGAL AID DEPARTMENT WAS NOT INDEPENDENT OF THE GOVERNMENT, THE ADMINISTRATION OF LEGAL AID COULD
BE FREE FROM BIAS OR POSSIBLE INTERFERENCE BY ADMINISTRATION.
THE
"THERE ARE NUMEROUS EXAMPLES IN WHICH THE LEGAL AID DEPARTMENT, ACTING ON BEHALF OF ITS CLIENTS, HAS SUCCESSFULLY TAKEN THE GOVERNMENT TO COURT.
/THE DEPARTMENT
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