Written answers

Wednesday, 11 January 2012

Department of Justice, Equality and Defence

Legal Costs

8:00 pm

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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Question 620: To ask the Minister for Justice and Equality the reason the State, through the Legal Aid Board, is threatening to seek the costs through a High Court action from a father who seeks to act jointly as a legal guardian with the mother of his child in accordance with the Health Service Executive guidelines. [41239/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I wish to inform the Deputy that I have no function or responsibility in relation to the matters raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. Under Section 7(3) of the Act, 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.

The Deputy might further 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.

Comments

Cathal Garvey
Posted on 13 Jan 2012 11:52 pm (Report this comment)

I made a complaint a number of years ago (http://www.politico.ie/index.php?option=com_content&view...) which resulted in the HSE adopting new guidelines (http://www.hse.ie/eng/services/Publications/services/Childre...).
However, the HSE don't follow these guidelines.

The State has, through the Legal Aid Board, threatened me with the costs of a High Court action due to my questioning a consent form in relation to dental treatment for children that does not follow the above guidelines.
Now the State, through the Minister for Justice Shatter, claims to have no responsibility for the actions of the State as carried out by the Legal Aid Board.

Cathal Garvey
Posted on 15 Jan 2012 10:14 pm (Report this comment)

Was Minister Shatter misled by this previous answer? http://www.kildarestreet.com/wrans/?id=2009-03-31.642.0

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