Speech by Minister in Prime Minister's Office, and Second Minister for Finance and Education, Ms Indranee Rajah, at the Legal Aid Bureau's 60th Anniversary Dinner

14 NOV 2018

14 Nov 2018 Posted in Speeches

Introduction

The Honourable Justice Debbie Ong, Presiding Judge of the Family Justice Courts

Judicial Commissioner, Tan Puay Boon

Registrar of the Supreme Court, Vincent Hoong

Director of Legal Aid, Lim Hui Min, and former Directors of Legal Aid

Distinguished guests

Colleagues

Members of the Bar

Ladies and gentlemen

  1. Good evening.

  2. I am delighted to be with you today to celebrate the 60th anniversary of the Legal Aid Bureau. So, congratulations on your Diamond Jubilee!

    ORIGINS OF THE BUREAU

  3. The Legal Aid Bureau (“the Bureau”) is an institution that was founded to provide legal aid and advice to persons of limited means.

  4. It all began with the introduction of the Legal Aid and Advice Bill as far back as 1956. In the debate on the Bill in the Legislative Assembly, it was highlighted that “…All citizens should enjoy equality before the law and… there should be no necessity for a golden key to unlock the door to the courtroom. The ideal of fairness to rich and poor alike means that no man should suffer in the prosecution or defence of his legal rights for want of professional assistance and advice.”[1]

  5. The Legal Aid and Advice Ordinance was passed on 6 June 1956, and later, the Legal Aid and Advice (Amendment) Ordinance on 1 July 1958. On that day, the Bureau commenced its work of providing legal aid to the less privileged.

  6. Since then, the Bureau has received about 400,000 applications for legal aid. In 2017 alone, the Bureau received about 9,000 applications for legal aid, of which about 90% passed the preliminary means test. They were for various civil matters, with matrimonial cases making up about half the load. The Bureau has also grown from a small team of only 15 staff, to more than 50 staff today. This includes 20 Legal Officers and more than 30 Legal Executives and support staff.

  7. It is not uncommon to hear stories of how the Bureau has made a difference to the lives of the applicants. So let me share with you a particularly heartwarming case which exemplifies the Bureau’s spirit of helping with a heart:

    a. A divorced applicant with advanced stage cancer approached the Bureau for help to gain access to her two children whom she had not seen for over 5 years. She was anxious as the doctor had advised her that she only had 1-2 months left to live, and she did not know where her ex-husband and children were living.

    b. The Bureau’s Legal Executive went out of her way to visit the applicant at the hospice to take her instructions on the case. Through searches, the Legal Executive managed to contact the applicant’s ex-husband. Even though he was still rather bitter about the divorce, the Legal Executive successfully persuaded him to take the children to see the applicant at the hospice.

    c. The Legal Officer then immediately drafted a letter to the ex-husband setting out the access arrangements, which he was agreeable to. The Bureau also liaised with the applicant’s medical social worker to facilitate the access. A week later, on a Sunday, the applicant got to see her children at last. After the ex-husband saw the state that she was in, his heart softened and he offered to take the children to see her again on the following Wednesday. However, the very next day, the applicant passed away. Thanks to the Bureau’s efforts, she got to see her children for one last time.

    APPRECIATING THE CONTRIBUTIONS OF STAFF, ASSIGNED SOLICITORS, VOLUNTEERS AND PARTNERS

  8. The Bureau’s good work over the last 60 years has only been possible because of the dedication of generations of Legal Officers, Legal Executives, and support staff, and the contribution of the Assigned Solicitors, volunteer lawyers, student volunteers, other partners in the legal fraternity, and the wider community. So I am glad that many of those who have helped the Bureau in one way or another are here with us this evening.

  9. I would first like to acknowledge the Bureau’s Assigned Solicitors. These are private lawyers who help the Bureau by:

    a. Sitting on the Bureau’s meetings from time to time to review the legal aid applications and decide on the grant of aid; and

    b. Taking on the Bureau’s cases. In the last year, close to 200 active Assigned Solicitors have taken on at least 1 case each. Collectively, the Assigned Solicitors handled about a third of the Bureau’s legal aid cases.

  10. Quite a number of the Assigned Solicitors have been with the Bureau for more than 20 years. Many continue to serve the Bureau’s applicants at the expense of their own personal time and resources.

  11. In particular, I would like to highlight Mr Lee Chin Seon, who joined the Bureau as an Assigned Solicitor in 2001. He has been nominated to receive the Bureau’s Distinguished Service Award this year in recognition of his outstanding service to the Bureau. Mr Lee has taken on a staggering number of 305 cases to date. This works out to about 18 cases per year, for the last 17 years. I am deeply encouraged by his spirit of volunteerism and his commitment to the Bureau’s work.

  12. Next, I should also mention the good work done by the Bureau’s Volunteer Assistant Directors of Legal Aid. They are non-practicing lawyers who help the Bureau by providing legal advice to applicants.

  13. Two of the Volunteer Assistant Directors of Legal Aid are Professor Lim Lei Theng and Professor Ruby Lee from the NUS Law School, who are also instructors in the NUS-LAB clinical legal education programme. Under this programme, law students can work on the Bureau’s cases for course credit under the supervision of these professors. This helps the students to pick up legal skills, and it fosters the pro bono spirit in them from a young age. Some of the students have even gone on to become Legal Officers and Assigned Solicitors of the Bureau.

  14. In addition, the Bureau has successful collaborations with agencies giving pro bono help to the less privileged, including the Law Society Pro Bono Services and the Community Justice Centre. So it is wonderful to see the legal fraternity coming together to serve those in need.

  15. Finally, I would like to mention the Bureau’s officers, past and present, who chose to work at the Bureau because they wanted to make a positive difference in people’s lives. One of the Bureau’s longest-serving Legal Officers is Senior Deputy Director Mr Louis D’Souza. Over the past 18 years, he has served thousands of applicants and mentored and trained many of the Bureau’s Legal Officers. I hear that he has a reputation for being able to solve any problem, and able to talk sense into any person. One applicant, whom Mr D’Souza advised on a child custody matter, summed it up nicely in an e-mail to him. He said, “I feel assured each time when you advise me. I am confident with all that you do for my case”. I rather suspect that many private practitioners wish their clients would send them that kind of email.

  16. I would also like to mention Mr Ramasamy Palanisamy, one of the Bureau’s longest-serving support staff. He has been with the Bureau for 55 years. He joined the Bureau in 1963, that was the year that I was born. After retirement, he continued to work at the Bureau, even at the venerable age of 76! Mr Ramasamy and Mr D’Souza both epitomise the spirit of dedication and passion in helping the less privileged.

    GOING BEYOND PROVIDING LEGAL HELP

  17. The Bureau has also often come across applicants who require more than legal services. People who come for legal aid very often have other personal, social, and family problems. They need social services as well as legal services.

  18. To better serve these applicants, the Bureau has been reaching out to, and partnering, with various social service agencies, since 2016. These include PAVE, a Family Service Centre specialising in helping family violence victims; the Child Protective Service; and the Big Love Child Protection Specialist Centre. The Bureau has a referral protocol with PAVE, for family violence victims, and with the Ministry of Social and Family Development, to refer applicants with social service needs to Family Service Centres (FSCs) for help.

  19. Referring the applicant for social service help can make a significant difference to their lives.

    a. In one case, the applicant came to the Bureau for help with her divorce. Her ex-husband had suddenly taken their 10-year old child away from her and cut off all contact with her. She was overwhelmed with grief at not being able to see her child and she said that she had attempted suicide many times.

    b. The Bureau immediately referred the matter to an FSC. The FSC got in touch with the applicant on the same day and calmed her down. The Bureau helped the applicant obtain orders to ensure that the husband brought the child to see her. The applicant was delighted at the outcome, and no longer had suicidal thoughts.

  20. So as you can see, helping applicants with both their legal and social needs provides a more complete solution, and is vital to addressing the well-being of both the applicants and their families.

    ENHANCING LEGISLATION TO FURTHER STRENGTHEN ACCESS TO JUSTICE

  21. To enable LAB to continue its good work, the Ministry of Law will be proposing amendments to simplify the means test for legal aid; provide greater flexibility for aid to be given to those who fail the means test but have extenuating circumstances; and improve the administration of legal aid. These amendments, if passed, will help further strengthen access to justice for the less privileged, and will take effect from 2019.

    CONCLUSION

  22. As we reflect on how far the Bureau has come since 1958, I am confident that with the continued strong support from the Assigned Solicitors, volunteer lawyers and students, and partners in the legal fraternity and beyond, the Bureau will continue to be well-placed to serve the most vulnerable amongst us.

  23. So in closing, let me congratulate the Bureau once again on its Diamond Jubilee. Time does not permit me to acknowledge each and every one here who have helped to make the Bureau what it is today, but to all of you who had helped in one way or another, thank you for your unwavering support and contributions!

  24. I wish you all a pleasant evening ahead. Thank you very much.

[1] The Minister for Labour and Welfare (Mr. Lim Yew Hock), Second Reading of the Legal Aid and Advice Bill, 6 June 1956, Legislative Assembly Debates

Last updated on 14 Nov 2018