Written answers

Wednesday, 25 September 2013

Department of Justice and Equality

Legal Aid Applications

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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16. To ask the Minister for Justice and Equality if his attention has been drawn to the issues raised in relation to legal aid and the length of time that a woman in a domestic violence case has to wait to receive same; his plans to address this issue; and if he will make a statement on the matter. [39749/13]

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 matter 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. However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy. I am informed by the Legal Aid Board that priority is given to applicants seeking legal services in certain categories of cases which include domestic violence.

The Board have advised me that, in relation to domestic violence cases, an applicant on making contact with a law centre or with the Board's office at Dolphin House in Dublin (where the District Family Court sits), is requested to complete an application form which includes details of their finances. The applicant must satisfy a means test and be found to be financially eligible under the provisions of the Act and Regulations. If they are eligible, they are either offered an appointment with a solicitor in a law centre or, as is almost invariably the case in Dublin, they are granted a legal aid certificate enabling them to retain a private solicitor from the Board's panel to represent them. The applicant is asked to pay the financial contribution however, an application may be made on their behalf to reduce or waive the contribution if they are unable to pay it.

If they are getting an appointment with a solicitor in a law centre they will be given an appointment at the earliest opportunity. This may be a matter of days. Should they be issued with a legal aid certificate enabling them to retain a private solicitor from the Board's panel they will be given a list of the solicitors who are on the panel for the particular county. In the event of an applicant experiencing difficulty finding a solicitor to take the case the law centre or Dolphin House office may assist them in doing so.

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