Direct, free access to barristers not publicised

The Bar Council has been reserved in publicising its own scheme, which provides direct access to barristers, on a no-fee basis. The Bar Council Voluntary Assistance Scheme was established in 2004 and facilitates direct, free access to barristers by the public, if the case is brought through a non-governmental organisation (NGO).

Noeline Blackwell, Director General of the Free Legal Advice Centre, says she thinks there has not been "not much uptake" of the scheme. Part of the reason for this is that many of the NGOs don't know about it. Although she welcomes the scheme, she says: "our own feeling is it probably needs to be better known and understood by the NGOs... we have had a couple of enquiries from NGOs, and have received no feedback on how it is working."

When Village contacted the Bar Council to get information about the scheme, it said that it would send us its leaflet, but was "not keen to publicise" it. A spokesperson said: "We want it to be very controlled, get to the right people, get the right cases, and done properly... and prefer for the scheme to be heard about through word of mouth." The spokesperson said the Council had been making presentations to NGOs about the scheme.

In the past the Bar Council has experienced problems when they have advertised pro bono (in the public interest) work. In 1997 they advertised no fee work and were inundated with applications. At that time a majority of these applications came from people seeking the reopening of cases which had already been heard by the courts in the 1960s, 1970s or 1980s. These were ineligible.

The Bar Council said that in the past people had been left "very frustrated" if their case was ineligible and this scheme was a way of filtering more eligible cases through the community and voluntary groups. Any fee the barristers do get will come from the other side if the case is successful.

Normally a member of the public must go through a solicitor to get access to a barrister, but in the recent years the Bar Council has tried to broaden their Direct Access Scheme that started in 1997. Earlier this year a Competition Authority report into the Legal Profession said: "restrictions on direct access restricts competition", and they proposed their abolition or amendment.

Colm Daly, a solicitor with the Northside Law Centre, says the scheme is "tremendously useful" and they "have used it quite a bit, but it's very much in its infancy". Through the scheme barristers come to their law centre and give a free legal advice clinic every week. In an effort to educate other voluntary groups about the scheme they have been promoting it in their locality.

Emma Browne