Ms Sinéad Lucey:

As that question is directed towards the Free Legal Advice Centres, FLAC, I will pick up on that point, which is a very interesting one. There has been case law over the years on access to legal aid and whether it is a constitutional right. While the courts have always affirmed that everyone has a right of access to the courts, it has been less consistent around whether that imports a right to legal aid. However, there is a further point here because one is talking about the Zalewski decision and our equality legislation is based on EU law. There is a provision under the Charter of Fundamental Rights of the European Union that would in certain circumstances suggest that where one is seeking to vindicate one’s rights under EU law, the State may be under an obligation to provide one with legal aid if there is a phraseology around whether access to justice or something in that regard requires it.

There is a question mark over whether the blanket exclusion of legal aid in claims of discrimination going to the WRC, as this is understood, in particular, in terms of the Zalewski decision, and whether we are in compliance with EU law and whether legal aid has to be available in respect of those claims, at least in terms of somebody being able to apply, whatever the merits decision on that may be. I am uncertain if that answers the Deputy’s question.