Written answers

Wednesday, 3 May 2006

Department of Justice, Equality and Law Reform

Legal Aid Service

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 427: To ask the Minister for Justice, Equality and Law Reform his views on appointing a community representative when the Legal Aid Board is re-appointed in summer 2006. [16041/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The Civil Legal Aid Act, 1995 provides that the Legal Aid Board shall consist of a chairperson and 12 ordinary members. As required by section 4(3)(a) of the Act, in appointing persons to the Board, I will have regard to the desirability of their having knowledge or experience of the law, the practice and procedure of the Courts, business, finance, management and administration, consumer or social affairs, or of any other subject which would be of assistance to the Board in the performance of its functions.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 428: To ask the Minister for Justice, Equality and Law Reform the reason the means test financial criteria for free legal aid has only been revised once since 1996; if a review is planned; and if he will consider a realistic figure for accommodation and child-care to be taken into account. [16042/06]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 432: To ask the Minister for Justice, Equality and Law Reform the means test criteria for the granting of free legal aid. [16072/06]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 433: To ask the Minister for Justice, Equality and Law Reform if consideration has been given to granting free legal aid for cases of eviction and for cases of property or land rights and disputes; and if he will make a statement on the matter. [16073/06]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 434: To ask the Minister for Justice, Equality and Law Reform the limitations of the free legal aid scheme in relation to determining which cases will be taken on; if there is the intention to add to the existing areas of law covered under the scheme in line with our duties under the ECHR, that is, the right to legal representation; and if he will make a statement on the matter. [16074/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 428, 432, 433 and 434 together.

The financial eligibility criteria for the granting of civil legal aid are set out in the Civil Legal Aid Regulations, 1996 and 2002. Information on these criteria is available from the Board and a useful explanatory note is also included as an Appendix to their Annual Report. The criteria were last revised in 2002, on foot of proposals from the Board. I am currently reviewing these criteria, in light of recent proposals from the Board.

Insofar as the question of the scope of the legal aid scheme is concerned, the Board provides legal services under the terms of the Civil Legal Aid Act, 1995 and regulations made thereunder. The ambit of the Act is very broad in terms of the areas of law covered. This is particularly so in relation to legal advice, which is available for a wide range of matters including social welfare, debt and consumer law matters. The scope of the scheme is kept under ongoing review.

Disputes relating to rights and interests in or over land are excluded under Section 28(9) (a) (ii) of the Act. There are a series of exceptions to this exclusion and many of those disputes are brought back within the scope of legal aid under Section 28(9) (c) of the Act. There are no proposals to extend the scope of legal aid to other property disputes.

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