Written answers

Tuesday, 26 April 2016

Department of Justice and Equality

Legal Aid Service Reform

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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204. To ask the Minister for Justice and Equality if she will waive the free legal aid charge for victims of domestic violence; and if she will make a statement on the matter. [8163/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, 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, 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 relevant regulations.

If they are deemed to be 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, they may make an application through their solicitor to reduce or waive the contribution if they are unable to pay it.

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