Written answers

Thursday, 2 March 2017

Department of Justice and Equality

Civil Legal Aid

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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32. To ask the Minister for Justice and Equality the way in which a person with limited resources is able to defend themselves in civil matters against a publicly funded institution with its own publicly funded legal supports; and if she will make a statement on the matter. [10979/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, the provision of civil legal aid in the State is delivered through the Legal Aid Board. The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations 1996 to 2016. The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain financial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations.

All applicants for civil legal aid and advice are required to meet both the merits test and the financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2016. The vast majority of applicants granted legal aid and advice are also required to pay some contribution. The minimum amount is €30 for legal advice and a minimum of €130 applies for legal aid, which includes the advice contribution already paid.

It should be noted that the Civil Legal Aid Act provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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33. To ask the Minister for Justice and Equality if she will consider putting a fund in place for persons and publicly funded institutions to apply for resources in civil legal cases where the same limits of funding would apply to both; and if she will make a statement on the matter. [10980/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, the provision of civil legal aid in the State is delivered through the Legal Aid Board. The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations (1996 – 2013). The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain financial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations.

Overall, this Government has made significant strides in improving the efficiency of the legal aid system and I am satisfied that the current model is appropriate to meet the needs of those people seeking civil legal aid insofar as is possible.

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