Oireachtas Joint and Select Committees

Tuesday, 30 April 2024

Joint Oireachtas Committee on Justice, Defence and Equality

Legal Aid Board: Chairperson Designate

Photo of Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

First, I congratulate Ms Egan on her designation as chair of the Legal Aid Board.

The Charter of Fundamental Rights of the European Union, at Article 47, states, “Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy”. It also provides that legal aid shall be provided to those who need it. Obviously, the legal aid scheme is primarily concerned with domestic law. Citizenship, for example, is primarily a right contained in the domestic legal order and there is a good bit of case law around that.

EU citizenship is a secondary matter, but, nevertheless, it does involve EU law. My understanding is that people do not get legal aid to challenge citizenship decisions. That is just one example. However, there are many other rights contained in Union law such that people routinely cannot even apply for legal aid for or in respect of which I am not aware of people obtaining legal aid. Is this something the Legal Aid Board has looked at or will look at in the future in terms of the additional funding required to effectively vindicate that right in the Irish courts?

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