Clare Daly (Dublin Fingal, Independent)
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117. To ask the Tánaiste and Minister for Justice and Equality his plans for improved protocols for the operation of legal aid, particularly in family law cases in which failure to submit paperwork and other efforts to delay proceedings are occurring. [26083/18]

Charles Flanagan (Laois, Fine Gael)
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The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.

I am advised by the Board that it does not stop providing legal aid to a client in the circumstances where the conduct of the other party is delaying the progression of the legal proceedings concerned. It is for the solicitor to advise the client as to what are the next steps that can be taken in terms of progressing the proceedings in such an instance.

There may, depending on the particular circumstances of the case, be remedies available from the Court in relation to proceedings which a party is behaving unreasonably in the conduct of the proceedings. This is at the absolute discretion of the Court.

In addition, Regulation 9 (3)(d) of the Civil Legal Aid Regulations 1996 to 2017 provides for a procedure whereby the Board may, at any time, terminate a legal aid certificate when satisfied that this is justified and in particular may do so where it considers that the legally aided person is behaving unreasonably.

I am also informed by the Board that it has measures in place to quality assure the work carried out by solicitors. This is in the form of best practice guidelines for the conduct of cases as well as regular reviews of legal aid client files by senior managers. Solicitors working in the Law Centres are civil servants and are subject to the Civil Service Disciplinary Code including its provisions with regard to managing underperformance. Private solicitors may be removed from the legal aid panel(s) of which they are members in cases where serious performance issues arise.

The Legal Aid Board operates a complaints procedure whereby any applicants who are not satisfied with any aspects of the service can make a complaint. Details of this procedure are available at every law centre and on the Board's website at www.legalaidboard.ie.