Jack Wall (Kildare South, Labour)
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Question 102: To ask the Minister for Justice and Equality the position regarding an application for assistance through the free legal advice centre to permit a person (details supplied) to care for their two children under the Zambrano judgment; and if he will make a statement on the matter. [31740/11]

Alan Shatter (Dublin South, Fine Gael)
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I wish to inform the Deputy that under the Civil Legal Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and any decision to grant or refuse legal aid is a matter for the Board.

At the outset, I wish to clarify for the Deputy that the Legal Aid Board provides 'legal aid' and not 'free legal aid'. The vast majority of persons receiving services from the Board pay a small financial contribution. I also wish to clarify that the Board provides services through, inter alia, law centres. However, FLAC (Free Legal Advice Centres) is an non-governmental organisation and is not connected to the Board in any way.

Finally, the Deputy may wish to 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 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board. I can however advise the Deputy that a person who is refused legal aid may appeal this decision to an Appeal Committee which is made up of non-executive members of the Board.