Brendan Howlin (Wexford, Labour)
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156. To ask the Tánaiste and Minister for Justice and Equality the number of applications made under section 60 of the Coroners Act 1962 since the provision was inserted by the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (details supplied); the supports or guidelines available to family members wishing to apply under this provision; and if she will make a statement on the matter. [24471/20]

Helen McEntee (Meath East, Fine Gael)
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Section 30(3)(a) of  the Civil Legal Aid Act 1995 (“the Act”) provides that the Legal Aid Board (“the Board”) may establish and maintain a panel of solicitors who are willing to provide legal aid and advice to persons who are in receipt of legal services with the consent of the Minister for Justice and Equality and the Minister for Public Expenditure and Reform.  Following receipt of such consent, in 2015 the Board established and now maintains a panel of solicitors who are willing to provide services to persons who have been granted a legal aid certificate by the Board for the purpose of advice and representation in relation to the following categories of cases set out in Section 60(5) of the Coroners Act 1962 (inserted by Section 24(b) of the Courts and Civil Law (Miscellaneous Provisions) Act 2013):

(a)  the deceased was, at the time of his or her death or immediately before his or her death, in the custody of the Garda Síochána,

(b)  the deceased was, at the time of his or her death or immediately before his or her death, in custody in a prison within the meaning of section 2 of the Prisons Act 2007,

(c)  the deceased was, at the time of his or her death or immediately before his or her death, in service custody within the meaning of section 2 of the Defence Act 1954,

(d)  the deceased was, at the time of his or her death or immediately before his or her death, involuntarily detained under Part 2 of the Mental Health Act 2001 in an approved centre within the meaning of section 2 of that Act,

(e)  the deceased was, at the time of his or her death or immediately before his or her death, detained in a designated centre within the meaning of section 3 of the Criminal Law (Insanity) Act 2006 or was a person to whom section 20 of that Act refers,

(f)the deceased was, at the time of his or her death or immediately before his or her death, in custody in a remand centre within the meaning of section 3 of the Children Act 2001 or detained in a children detention school within the meaning of that section,

(g)  the deceased was, at the time of his or her death or immediately before his or her death, a child in care, or

(h) the coroner is of the opinion that the death of the deceased occurred in circumstances the continuance or possible recurrence of which would be prejudicial to the health or safety of the public or any section of the public such that there is a significant public interest in the family member of the deceased person being granted legal aid or legal advice, or both, for the purposes of the inquest concerned.

Persons seeking legal services in respect of a coroner’s inquest as provided under section 60(1) of the Coroners Act 1962 must make their applications for legal representation to a coroner. It is the coroner who makes the application for legal aid having decided that there is a "public interest" involved.  If a request for legal services under section 60(4) of the Coroners Act 1962 is subsequently made by a coroner to the Board that a named person be provided with legal services under the Act the named person must additionally  satisfy the requirements in respect of  financial eligibility specified in section 29 of the Act and in Regulations made under section 37 of the Act and pay to the Board a contribution towards the cost of providing the legal services determined in accordance with regulations under section 37. The Board has not refused any applications to date.

2013

2014

2015

2016

2017

2018

2019

2020

It should be noted that although the Board, through its Legal Services Unit, processes applications and fee claims, all claims approved for payment are forwarded to the Coroner Service Implementation Team (CSIT) for payment.  CSIT is part of the Department of Justice and based in Navan, Co. Meath.  Ultimately, any solicitor/counsel fees in this matter will fall to the CSIT for payment.The current solicitor fee is €736.  The Board may also sanction the use of counsel in such cases.  The daily rate for Junior Counsel and Senior Counsel is €685 and €1,027 respectively.