Maureen O'Sullivan (Dublin Central, Independent)
Link to this: Individually | In context | Oireachtas source

173. To ask the Minister for Justice and Equality her views on whether it is acceptable to have members of the Legal Aid Board actively practicing in cases against applicants of legal aid; her further views on whether this practice could possibly create a conflict of interest for the barristers and solicitors representing persons in receipt of legal aid in court cases; and if she will make a statement on the matter. [1421/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, the Legal Aid Board is a statutory body with a statutory Board. The Civil Legal Aid Act 1995 stipulates that two appointees must be practising solicitors and two must be practising barristers. There is a further requirement for two staff nominees with one of these generally a practising solicitor with the Board.

The role of the statutory Board is to provide strategic guidance to the organisation and to monitor the activities and effectiveness of management. It also has a role in developing policy. Board members do not have an executive role and they are not involved in decision making on individual cases save in considering appeals against decisions by the Executive to refuse legal aid applications made on behalf of individual clients. It is a statutory requirement that the Appeal Committee has two practising lawyers, as well as members in reserve. The Board has a Corporate Governance Manual that seeks to address any potential conflict of interest situations and it is express practice that any Committee member who has a conflict of interest in relation to a particular application does not sit on the Committee for the purpose of that application.

The Board has been well served by many eminent lawyers since its establishment and I think the Deputy will appreciate that handling any potential conflict is an inherent part of lawyers work. It does not follow that there is any conflict of interest where a lawyer instructed in a case happens to be a member of the Board simply because one of the parties is legally aided - such a case is conducted in the same way as any other case. There may be occasional circumstances in which such a conflict could arise, however I am satisfied that the Board has suitable arrangements in place to address this.