Victims' group says legal fees are set too low

A group representing victims of child abuse in schools and institutions has expressed concern that a State scheme set up to cover…

A group representing victims of child abuse in schools and institutions has expressed concern that a State scheme set up to cover their legal costs is inadequate.

Irish Survivors of Child Abuse (SOCA) says it is worried the fees scheme for lawyers representing them before the investigation committee of the Commission to Inquire into Child Abuse are so inadequate that victims may be forced to make up shortfalls out of their own resources.

The commission was set up to investigate child abuse in State and religious-run schools and institutions since the 1940s, following a public apology from the Taoiseach in May 1999.

The closing date for people wishing to give evidence to the investigation committee is July 31st.

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The commission is separate to a proposed compensatory body which is due to begin work before the end of the year.

Under the State scheme for victims attending the investigation committee, solicitors would be paid £250 to £350 a client for taking instructions and preparing a statement.

Some solicitors have said this amount is inadequate due to the time needed to take statements from clients on such sensitive matters.

The scheme proposes paying solicitors £500 for every half day at the hearing and £750 for a full day.

Counsels' brief fees range from £750 to £1,250, with daily refresher rates of £750 for a full day and £500 for a half day. Solicitors' fees for attending hearings of allegations are £750 for a full day and £500 for a half day.

Fees for attending a consultation are£100 each for solicitors and counsel.

Mr John Kelly from SOCA said last night that victims were concerned that the quality of their legal representation at the commission would have to be "diluted".

"We are deeply worried that the victims are going to have to pick up a big financial tab here. The very least the State could do is guarantee the victims' costs because this is compound abuse. Some of the solicitors will pass on the bills to their clients and this will put off a lot of people from going to the commission."

Mr Kelly said he was also concerned that victims who may decide to discontinue their evidence before the investigation committee would have to pay their own costs as well as those of the other side.

Victims had inquired about this and were told by the commission that it did not answer hypothetical questions. Mr Kelly said SOCA had asked its lawyers to raise these concerns with the appropriate parties.

A spokesman for the Department of Education, which established the legal costs scheme, said it was drawn up in consultation with a legal costs accountant. "The scheme should be adequate to meet the needs of those appearing before the commission," he said.