Written answers
Tuesday, 18 February 2014
Department of Justice and Equality
Legal Aid Application Numbers
Gerry Adams (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
561. To ask the Minister for Justice and Equality if he will he provide a county breakdown of the number of applicants for legal aid in each of the past three years; the number of these applications that were granted; and if he will make a statement on the matter. [7784/14]
Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source
As the Deputy may be aware the provision of legal aid falls within two separate categories, i.e. criminal legal aid and civil legal aid. Details in respect of each category are as follows:
Criminal Legal Aid
Under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal representation him/herself. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the judiciary on the applicant's appearance in court. Unfortunately figures are not kept in such a way as to be able to provide a breakdown by county of the number of certificates granted for criminal legal aid.
Civil Legal Aid
The Legal Aid Board is a statutory, independent body in accordance with the Civil Legal Aid Act, 1995. The issue raised by the Deputy is a matter for the Board. However, in order to be helpful to the Deputy I have had enquiries made with the Board.
The Legal Aid Board operates 30 general full time law centres in 23 different counties. The number of applicants in each of the last three years at the law centre(s) in each of the counties in which the Board has a full time presence are detailed below. The Board has six general law centres in Dublin and two general law centres in both Cork and Galway. In addition, the Board also operates part time law centres in the counties where it does not have a full time presence. Each of these centres is operated by a full time centre and the numbers getting services at these centres are included in the applications figure for the full time centre. I should point out that the Board operates a part-time centre in Drogheda which is operated by its law centre in Monaghan (rather than its law centre in Dundalk).
Furthermore, I wish to advise the Deputy that persons seeking legal services can apply at any law centre and are not required to apply within the county in which they reside. Thus the figures are not reflective of the addresses by county of the applicants. This particular information is not readily available.
Law centres are almost invariably unable to offer legal services to all on demand and are obliged to operate a waiting list system for non prioritised matters. However every applicant is offered an appointment with a solicitor assuming that they meet the financial eligibility criteria and that their issue is of a nature that comes within the remit of the civil legal aid scheme. At that appointment they will get legal advice. Some applicants require representation in court either to take court proceedings or to defend court proceedings. In those cases the solicitor makes an application to the Board for a legal aid certificate on the person’s behalf. The Board does not retain a breakdown by law centre of the number of these applications that are granted/refused.
Number of applicants in each of the last three years at the law centre(s) in each of the counties in which the Board has a full time presence
Cavan Clare Cork Donegal Dublin Galway Kerry Kildare Kilkenny Laois Limerick Longford Louth Mayo Meath Monaghan Offaly Sligo Tipperary Waterford Westmeath Wexford Wicklow
No comments