Oireachtas Joint and Select Committees
Wednesday, 27 November 2019
Joint Oireachtas Committee on Justice, Defence and Equality
Access to Justice and Legal Costs: Discussion
Mr. John McDaid:
We apply a merit test to applications, as Ms Barry indicated earlier, in terms of applications for legal aid for repossession proceedings. In the past, many applications were refused on the basis that there was no legal defence to the proceedings. We did contemplate that in the light of this legislative amendment there was more substance to a potential defence or that more arguments could be made in terms of defending repossession proceedings. FLAC and other NGOs are very aware of the situation and in many ways prompted the legislation. We had anticipated that we would get significantly more applications for legal aid in the light of the legislation but we have not done so far. The legislation was only commenced in late July.
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