Catherine Murphy (Kildare North, Social Democrats)
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1067. To ask the Tánaiste and Minister for Justice and Equality if he and or his officials undertook any due diligence in the context of security and duty of care to service users in respect of the renting of a premises (details supplied) in Waterford; and if his attention has been drawn to concerns in respect of service users. [63281/22]

Simon Harris (Wicklow, Fine Gael)
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As Deputy will be aware, the Legal Aid Board provides legal advice and aid under the relevant terms of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. Section 3(3) of the Act provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.

The acquisition of premises is an operational matter for the Legal Aid Board under such terms, whether leasehold or otherwise, as it may consider appropriate to its functions. The location of offices of the Legal Aid Board is subject to the Civil Legal Aid Regulations 1996 (S.I No. 273 of 1996), which give effect to the relevant provisions of Section 37 of the 1995 Act. Regulation No. 22 (1) states that:

“In deciding on the location of law centres, the Board shall have regard to –

(a) the need to provide reasonable access to their services on a nationwide basis,

(b) the desirability of providing, so far as possible, ready access to their services in the areas where the need for those services is greatest, and

(c) the need to use available resources in a way likely to result in maximum benefit for persons in need of legal aid or advice and in considering these matters the Board shall take account of any views expressed by local and other interests but the decision finally in each case shall be a matter entirely for the Board”.

Having given the matter appropriate consideration, including by reference to the relevant provisions of Section 3(2) of the Civil Legal Aid Act 1995 Act and those of the Civil Legal Aid Regulations 1996 (S.I. No. 273 of 1996), the Minister for Justice at the time, Minister Humphreys, gave her consent to the Board’s request to acquire a leasehold interest in the new premises at Railway Square in Waterford. This was conveyed to the Legal Aid Board on 27 September 2021. Neither I or my officials have any further role in this process.