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Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: I understand. I believe the witnesses are all in agreement that the Legal Aid Board is not an adequate model, not through a fault of its own but due to the manner in which it is funded and the underpinning legislation.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: What is that called?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: I agree. I am asking how we overcome those challenges to make the system change. The witnesses made very specific recommendations in regard to the Legal Aid Board and the legislation underpinning it to broaden it out so it has a reform and education role. Is Ms Wall saying the roll-out of more independent law centres is part of the answer?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: They are filling the gap.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: With regard to the Mercy Law Resource Centre, that gets no public funding at all.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: Has the centre applied for public funding?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: It was not successful.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: What reasons were given?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: I read Ms Keatinge's submission in detail. There are 10,518 homeless people and it is becoming more difficult. Even before that, when I was a councillor in a previous life, it was increasingly difficult and appeals were a nightmare. There was a lack of openness and accountability. Ms Keatinge is suggesting an alternative dispute resolution mechanism and I worry that will add another layer...

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: I am not talking about the courts. I am talking the internal system in the council. There is often no information to tell someone that they can appeal a decision, how to do so or what the time limits are and so on. Is that not where improvements are needed?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: I see.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: The resource centre is giving help on the scheme of letting priorities which, on occasions, is a Kafkaesque nightmare and on appeals. Is that where the resource centre is focusing?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: That comes back to the Department of Housing, Planning and Local Government setting proper procedures, rather than each local authority approaching the matter in an ad hocfashion.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: Will our guests' organisations be making submissions on the housing and planning and development Bill?

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: What is being outlined in the planning and development Bill would be of concern to me. The courts have been proactive in talking about the trinity of planning laws comprising the local authority, the developer and the engaged citizen. There is a theoretical emphasis on the importance of the citizen, which this proposed Bill seems to curtail.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: I am concerned about that. We had a presentation from Science Foundation Ireland some time in the past 12 months which put an emphasis on policy based on evidence. It seems to me there is a mantra about serial objectors to planning permission without any evidence at all. I do not see any evidence coming forward, or an analysis of what the problems in planning are. Would our guests agree...

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: It is a particular narrative.

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: The area of confidentiality on the settlement of cases is important and there would be learning opportunities if there were not confidentiality clauses. I do not think any Department involved in any litigation should insist on a confidentiality clause because there can be no learning in that case. It should be up to the affected plaintiff to seek a confidentiality clause if they want it,...

Joint Oireachtas Committee on Justice, Defence and Equality: Access to Justice and Legal Costs: Discussion (Resumed) (11 Dec 2019)

Catherine Connolly: It is a seriously defective strategy because it prevents the learning of lessons and ends up costing more to the taxpayer.

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