Written answers

Wednesday, 10 March 2010

Department of Justice, Equality and Law Reform

Legal Aid Service

11:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 203: To ask the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [11765/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Extensive correspondence has been received in my Department from the person concerned in recent years. With regard to the Legal Aid Board, I can inform the Deputy that under section 7(3) of the Civil Legal Aid Act, 1995, I am precluded from exercising any power or control in relation to any particular case with which the Legal Aid Board is or may be concerned. Furthermore, in respect of any queries regarding the provision of legal services to any person, please note that the solicitor/client relationship is protected by privilege in accordance with the terms of Section 32 of the Civil Legal Aid Act, 1995. The Legal Aid Board does not provide information to third parties regarding a person who may or may not be a client of the Board.

It should be noted that the Legal Aid Board is required to consider and make decisions on all applications received in its Law Centres for legal aid. When deciding to grant legal aid, the Board issues a Legal Aid Certificate to the applicant setting out the services to be rendered on that particular matter. In the event that the Board decides not to grant a Legal Aid Certificate, the applicant would be directly informed of the decision and the reasons supporting the decision. In addition, applicants would be advised as to their rights to have the decision reviewed and, if required, heard by the Appeals Committee of the Board. In that context, a decision arrived at by the Appeals Committee would be final.

The Garda Síochána Ombudsman Commission is the statutory body charged with the independent oversight of policing in this jurisdiction. I have been informed by the Garda Síochána Ombudsman Commission that a complaint was received by them in relation to this matter in June 2007 and was deemed inadmissible. I am afraid that it is not open to me as Minister for Justice, Equality and Law Reform to intervene with the Commission on any case.

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