Written answers

Tuesday, 17 January 2012

Department of Justice, Equality and Defence

Legal Aid Service

8:00 pm

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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Question 354: To ask the Minister for Justice and Equality if necessary emergency [i]ex parte[/i] family law court applications are covered by the free legal aid scheme; and if he will make a statement on the matter. [1900/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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1I can inform the Deputy that the Legal Aid Board is unable to provide an immediate service to all applicants. However in recognition of the fact that certain categories of cases require an immediate or almost immediate service the following matters are accorded priority:

· child abduction proceedings;

· cases in which there is a real danger of children being taken out of the jurisdiction without the consent of the applicant;

· cases in which proceedings are being taken on foot of Part IV of the Child Care Act 1991 or applicants presenting with cases that involve a risk of such proceedings;

· cases involving domestic violence;

· cases in which a maintenance debtor has been served with a summons / warrant on foot of section 9A of the Family Law (Maintenance of Spouses and Children) Act 1976, has appeared in Court and has applied for civil legal aid having been advised of his/her entitlement to do so by the Judge;

· cases in which, under the Statute of Limitations, there is a danger that the time limits for issuing proceedings may expire unless immediate action is taken;

· cases in which there is a danger of time limits expiring;

· cases in which there is a danger that assets may be reduced / disposed of so that they would be unavailable to meet the claims of the applicant;

· cases involving District Court and Circuit Court appeals, where the case has been dealt with through the private practitioner service and services are now being sought from the law centre;

· cases in which legal services are required for complainants in rape and certain sexual assault cases;

· cases in which legal aid is required for persons in respect of whom a sex offenders order is being sought;

· cases in which the other party's nationality, domicile or habitual residence enables them to seek a similar remedy in another jurisdiction and the applicant is likely to be prejudiced if he/she does not initiate proceedings first;

· asylum cases; and;

. cases in which managing solicitors retain a residual discretion to provide a priority service where, having regard to the particular case concerned, as compared with other applications on the applications record, and to their own knowledge and experience, they consider that it is appropriate that a particular applicant be given specific priority over other applicants for legal services.

Any family law case that falls within the above categories will be prioritised.

Finally, 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.

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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Question 355: To ask the Minister for Justice and Equality the reasons for the refusal of legal aid to a person (details supplied) in County Cork; if it is possible to reconsider the application for legal aid; and if he will make a statement on the matter. [1901/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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2057I wish to inform the Deputy that as the Legal Aid Board is a statutory, independent body in accordance with the Civil Legal Aid Act 1995, any decision to grant or refuse legal aid is 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.

Furthermore, 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.

Finally, while I can advise the Deputy that a person who is refused legal aid has the right to appeal this decision to an Appeal Committee which is made up of non-executive members of the Board, again I have no role in this process.

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