Written answers

Wednesday, 4 July 2007

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 179: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that there is a significantly higher level of public interest litigation in the north of Ireland; and his views on taking steps to remove some of the barriers to public interest litigation in this State including the possibility of legislating for the introduction of protective cost orders and to ensure that adequate funding for legal challenges where there is a public interest and human rights component is made available by the Legal Aid Board. [19290/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am satisfied that the Legal Aid Board has adequate funding in 2007 to fund any cases that come within its remit, including cases that have a public interest and human rights component. I understand that the Board has been involved in 2007 and in previous years in providing legal aid in individual cases that have a significant public interest and human rights element. That will continue to be the position as long as the individual satisfies the means test and the case meets the merits test criteria in the Act. To the extent to which public interest litigation is designed to protect and improve the position of disadvantaged persons, it is open to any such person to apply to the Legal Aid Board for legal aid. Each such application is considered in accordance with the provisions of the Civil Legal Aid Act 1995 and of the Civil Legal Aid Regulations 1996 to 2006.

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