Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 366: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the Legal Aid Board will not deal with unmarried cohabitees in relation to the realisation of an interest in the family home in which they reside; his views on whether this is unfair to unmarried couples; the steps he will take to rectify the matter; and if he will make a statement on the matter. [13182/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Legal Aid Board that, while it is unclear as to the precise nature of the circumstances referred to by the Deputy, if she wishes to obtain factual information in relation to a particular case, the board will endeavour to assist her in this regard.

In so far as the Civil Legal Aid Act 1995 is concerned, section 28(9)(c)(ii)(I) and (II) deals with the provision of legal aid in proceedings arising from a dispute as to the title to or possession of any property. The Legal Aid Board advises me that this legislation is clear in terms of ensuring that married couples and unmarried couples are treated equally for the purposes of legal aid. I am further advised that the board provides a limited conveyancing service in which married and unmarried couples are also treated equally.