Written answers

Tuesday, 20 November 2018

Department of Justice and Equality

Legal Aid Applications

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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265. To ask the Tánaiste and Minister for Justice and Equality the number of times he engaged with a person (details supplied) and-or their colleagues in regard to the granting of legal representation to a person; if a schedule of those engagements and-or meetings will be made available; and if he will make a statement on the matter. [48061/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware, the second named person is a named party in a civil action initiated against the Minister for Justice and Equality, Ireland, the Attorney General and the Garda Commissioner. 

In accordance with section 48 of the Garda Síochána Act 2005, on the recommendation of the Acting Garda Commissioner and in line with normal procedures, I approved an application for the granting of State representation to the person concerned on 13 July 2018.  

It is important to note that State representation does not constitute an undertaking or grant of indemnity. Nor does the granting of representation imply that a case is being defended, rather it simply means the party is legally represented.

It is not the practice for the Minister or for officials of the Department of Justice and Equality to meet with persons who have been recommended for State representation by the Garda Commissioner in relation to their applications. 

I can therefore confirm that in accordance with normal practice, neither I nor my officials engaged with the person who was granted State representation in this case.  The only engagement with the then Acting Commissioner took place in the context of receiving his recommendation on the application and communicating my approval, as outlined above.

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