Catherine Murphy (Kildare North, Social Democrats)
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585. To ask the Tánaiste and Minister for Justice and Equality the amount paid in total by the Legal Aid Board to solicitors in respect of their assignment to a client in 2021, 2022 and to date in 2023. [15301/23]

Catherine Murphy (Kildare North, Social Democrats)
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586. To ask the Tánaiste and Minister for Justice and Equality the procedure that is in place for persons that wish to change the solicitor assigned to them by the Legal Aid Board; the number of complaints made on an annual basis to the Legal Aid Board in respect of solicitors by clients in 2021, 2022 and to date in 2023. [15302/23]

Catherine Murphy (Kildare North, Social Democrats)
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587. To ask the Tánaiste and Minister for Justice and Equality if he will set out the way in which a solicitor is assigned to a client in the Legal Aid Board. [15303/23]

Catherine Murphy (Kildare North, Social Democrats)
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588. To ask the Tánaiste and Minister for Justice and Equality if he will provide a schedule of the number of solicitors that are barred from providing services to the Legal Aid Board since 1 January 2019 to date in 2023. [15304/23]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 585, 586, 587 and 588 together.

I understand the Deputy has clarified that the question relates to legal aid provided through the Legal Aid Board.

Civil matters concern disputes between party A and party B, or between party A and an organisation. Civil legal aid and advice does not cover when a person has been charged with a criminal offence.

Criminal legal aid is granted by the Courts and concern the prosecution of criminal offences. Funding and administration of criminal legal aid is overseen by the courts.

The Legal Aid Board operates a total of 34 full-time law centres along with a number of part-time centres. It also operates 20 family mediation centres. Eight of the law centres and family mediation offices are co-located.

To be of assistance, I have asked the Legal Aid Board for the information sought by the Deputy.

I have been provided with the information in Table 1 below by the Legal Aid Board setting out the total amounts paid to private practitioners during 2021, 2022, and to date in 2023 by law centres operated by the Legal Aid Board.

I am advised that the amounts include payments to private solicitors to whom civil legal aid cases have been referred at District Court and Circuit Court level, as well as cases relating to International Protection, public law child care matters, and the Abhaile Scheme.

Table 1: Amounts paid to private practitioners by year

I am informed by the Legal Aid Board that any person in receipt of legal services may request a change of solicitor by writing to the Board. The Board considers the request and investigates the matter, and that the request is copied to the solicitor concerned for their observations. I am further advised that following consideration of the matter, the Board may agree to a change of solicitor request if resources allow and if the request is reasonable.

I am informed that the Legal Aid Board considers change of solicitor requests to not necessarily be equated with complaints and that such requests can arise for reasons other than on foot of a complaint. For example, in international protection matters, a change of solicitor request may be made if an applicant is relocated to a reception centre that is no longer convenient to the first solicitor’s place of business. Likewise it is possible for complaints to be resolved other than with a change of solicitor. I have been provided with the information in Table 2 below, which sets the number of changes of solicitor requests and complaints received by the Legal Aid Board during 2021, 2022, and to date in 2023.

Table 2: Number of complaints and change of solicitor requests received

In respect of the allocation of a solicitor, I am advised that the managing solicitor of the law centre dealing with the matter will make a decision to allocate it to a solicitor within the law centre, or to refer the matter to the relevant panel of private solicitors.

If it is decided to refer the matter to a private practitioner, then, except in relation to international protection matters, the applicant is given a copy of the relevant panel. The applicant may then contact any solicitor on the panel who accepts work in that county and ask them if they are available to take on the case.

It should be noted that solicitors on the panel are not obliged to take on any particular legally aided person as a client nor, except in Abhaile and inquest matters, is it guaranteed that any particular matter will be referred to a private practitioner. In relation to international protection matters, cases are allocated to a solicitor on a rota, subject to that solicitor’s availability to take on particular cases.

The Legal Aid Board does not operate a list of solicitors who are “barred” from providing legal aid services. Private practitioners must be members of the relevant panel and accept the terms and conditions of that panel. It is possible that a solicitor may be removed from a panel for a breach of the terms and conditions of that panel. I am advised by the Legal Aid Board that this has not occurred on any occasion in the period since 1 January 2019 to date. Solicitors may be occasionally removed from a panel for administrative reasons, or at their own request. Such solicitors are welcome to re-apply for membership of the panel concerned.

It may be of use to the Deputy to know that the Legal Aid Board can be contacted directly at oireachtas_enq@legalaidboard.ie.

As the Deputy may be aware, the Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional position that legal aid must be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The courts, through the judiciary, are responsible for the granting of legal aid on application by the defence in court. My Department has no influence in the granting of legal aid or in the appointment of solicitors to a case.

Criminal legal services are provided by private solicitors who have notified the relevant Court of their availability to undertake criminal legal aid work. As per Regulation 4 of the Criminal Justice (Legal Aid) Regulations 1965 (S. I. No. 12 of 1965) each County Registrar is required to maintain a list of solicitors who are willing to act in that county for persons to whom certificates for legal aid are granted. Legal aid is awarded based on two criteria; one being whether a person has the means to pay for their defence and the second being the gravity of the charge. There is no set monetary threshold that determines the awarding of legal aid.

Table 3 below sets out the amount of criminal legal aid that has been paid out to solicitors in respect of their assignment to a client in 2021, 2022 and up to end of February 2023.

Table 3: the amount of criminal legal aid that has been paid out to solicitors in respect of their assignment to a client

In respect of sanctions or complaints against solicitors, that would be a matter for the Law Society and the LSRA (Legal Services Regulatory Authority).