Written answers

Wednesday, 22 February 2017

Department of Justice and Equality

Legal Aid

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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84. To ask the Minister for Justice and Equality further to Parliamentary Question No. 140 of 12 July 2016, if she will initiate dialogue with the Minister for Jobs, Enterprise and Innovation with a view to resolving, whether through legislation or any other measure, the problems caused by the fact that small limited liability companies must engage legal representation in order to have copyright claims heard in court, but cannot access legal aid, leading to a situation whereby it is economically impractical for such companies to vindicate their claims to copyright as costs will outstrip awards. [8914/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As I advised the Deputy in my response to question number 140 of the 12 July 2016, section 5(1) of the Civil Legal Aid Act 1995 states that the principle function of the Legal Aid Board is, inter alia, to provide legal aid and advice in civil cases to personswho satisfy the requirements of the Act. The Board has always interpreted the word ‘persons’ to mean natural persons only and not to include legal persons (e.g. a company). Section 29(1) of the Act requires that a person satisfy certain financial eligibility criteria set out in Regulations. The financial eligibility criteria that are set out in the Civil Legal Aid Regulations 1996 – 2013 clearly contemplate a natural person’s income and resources being assessed and do not contemplate the assessment being in relation to a legal person.

My Department is in regular contact with officials in the Department of Jobs, Enterprise and Innovation on cross-Departmental matters and the situation in regard to legal aid of the nature referred to by the Deputy will be kept under review.

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