Written answers

Wednesday, 7 February 2024

Department of Justice and Equality

Legal Aid

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

345. To ask the Tánaiste and Minister for Justice and Equality the amount that has been spent by the Legal Aid Board to personal insolvency practitioners, solicitors and barristers under the PIA Review of the Legal Aid Service for 2022 and 2023; the details of these payments; the companies and individuals that received same; the amount received by each company and individual; and if she will make a statement on the matter. [5211/24]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

346. To ask the Tánaiste and Minister for Justice and Equality the amount that has been accrued, but is as yet unpaid, by the Legal Aid Board to personal insolvency practitioners, solicitors and barristers under the PIA Review of the Legal Aid Service since its inception in 2016 to date; the details of these liabilities; the companies to which they are owed; and if she will make a statement on the matter. [5212/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 345 and 346 together.

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021. Section 3(3) of the Act states that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.

As the Deputy will be aware, civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. There are 34 full-time centres and dedicated units and three part-time law centres. The Board also operates 20 family mediation centres. Eight of the law centres and family mediation offices are co-located.

The Board has in place panels of private solicitors, and a barristers’ panel, which are used to supplement the services provided by Board solicitors in certain areas of law on a case-by-case basis, including cases on foot of the Abhaile scheme. Each panel has its own schedule of fees set out and approved by me as Minister for Justice and my colleague, the Minister for Public Expenditure, NDP Delivery and Reform.

As the Deputy will be aware, the government-funded Abhaile service was set up by the then Minister for Justice and Equality in October 2016, to help those in long term home mortgage arrears.

Through its free, expert financial and legal support services, Abhaile aims, wherever possible, to find solutions for borrowers that enable them to remain in their homes and out of homelessness.

The scheme has proven critical in terms of supporting families who find themselves in serious or long-term mortgage arrears and are at risk of losing their homes.

An important component of Abhaile relates to the provision of legal aid for proceedings under Section 115A of the Personal Insolvency Act 2012 (as amended). This legislation provides for a process where a proposal for personal insolvency arrangement (PIAs) can be implemented by a court even if rejected by creditors at a creditors meeting. Section 115A cannot be invoked in respect of all PIAs. It can only be invoked where the proposal for a PIA includes a mortgage secured on the person’s principal private residence and the person is in arrears on that mortgage or having been previously in arrears has entered into an alternative repayment arrangement with their lender.

The provision of legal aid for personal insolvency court reviews as part of Abhaile is in support of the Government's objective to keep as many people in their homes as possible. Legal aid includes the services of a solicitor from the Legal Aid Board’s Abhaile Solicitors Panel and payment to the personal insolvency practitioner in respect of expenses that occur in making a Section 115A application. Prior to 1 March 2019, the services of Junior Counsel were funded in all s115A applications. Since that date, the services of Counsel may be sought on a case by case basis as for other civil legal aid matters.

I have been provided with the following Schedules by the Legal Aid Board.

Schedule A sets out in tabular format the amounts spent by the Legal Aid Board on solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 in 2022 and 2023

Schedule Bsets out in tabular format the amount paid by the Legal Aid Board to each individual solicitor, barrister and personal insolvency practitioner for applications under the Personal Insolvency Act 2012 in 2022 and 2023.

Schedule C sets out in tabular format the total amounts incurred but not yet paid by the Legal Aid Board in connection with solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 as at 1 February 2024. I am informed that while the Legal Aid Board has changed its procedures so as to obtain the name of the solicitor/Counsel from the PIP at the outset of the case, this information has not been recorded for historical cases and so the Board is not able to provide this information on an individualised basis.

I am informed that all amounts are inclusive of VAT.

Schedule A

Amounts spent by the Legal Aid Board onsolicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 in 2022 and 2023.

- 2022 2023
Barristers €775,305 €442,253
Solicitors €982,928 €614,667
Personal Insolvency Practitioners €801,514 €510,799

Schedule B

Amount paid by the Legal Aid Board to each individual solicitor, barrister and personal insolvency practitioner for applications under the Personal Insolvency Act 2012 in 2022 and 2023

2022

Solicitors

Name of Firm Amount (€)
Catherine Allison & Co. €128,652
Ashtown Gate Solicitors €35,092
Brady Kilroy Solicitors €11,359
Carley & Associates Solicitors €51,136
Gibson & Associates Solicitors €67,847
Hanlon & Co. Solicitors €36,980
Holohan Solicitors €5,258
Kayanne Horgan Solicitors €27,226
Elizabeth Howard & Co. Solicitors €7,011
Anthony Joyce & Co. €429,023
KM Solicitors €7,011
Alan McGee & Co. Solicitors €92,336
Louisa C. McKeon & Company Solicitors €72,511
Midland Insolvency Solutions €1,353
Kieran Mulcahy Solicitors €3,856
Pierse Fitzgibbon Solicitors €2,571
J. F. Williams & Co. Solicitors €3,506

Barristers

Name of Barrister Amount (€)
Keith Farry €733,924
Brian Hallissey €21,069
Andrew D. King €11,892
Eoin Martin €1,550
Mark Rodgers €4,225
Mark Sanfey €2,645

Personal Insolvency Practitioners

Name of Firm Amount (€)
ACO Financial €42,579
Arthur Insolvency Services Ltd T/A Colm Arthur PIP €32,595
Cork Insolvency Centre €1,127
Charles P. Crowley & Co €3,075
John Paul Donelon €10,250
DS Debt Solutions €1,000
R. Hendy & Co. Chartered Accountants €13,531
Hogan & Co. €4,305
Insolvency Resolution Service €47,666
David Keogh €6,150
Kildare Audit & Accountancy Services €11,583
Kirk & Associates €38,437
KPMG Restructuring €22,039
DV Mannion & Co. Ltd €9,943
McCambridge Duffy Ltd €97,418
Alan McGee Personal Insolvency Services (PIP) €30,137
Midland Insolvency Solutions €40,715
Milne O’Dwyer €3,075
Minotaur Financial Services Ltd €6,457
Moore Stephens Debt Solutions €2,256
Mulhern Leonard €4,167
PIP Solutions €2,256
FPM Accountants Ireland Limited €3,075
Rebate Insolvency Solutions €48,217
Jeanne Stapleton €6,150
Grant Thornton Debt Solutions Ltd €164,947
Uhy Personal & Corporate Solutions Ltd €148,364

2023

Solicitors

Name of Firm Amount (€)
Catherine Allison & Co €31,482
Carley & Associates Solicitors €29,446
Gibson & Associates Solicitors €17,038
Hanlon & Company Solicitors €47,675
Kayanne Horgan Solicitors €47,355
Anthony Joyce & Co €307,382
Alan McGee & Co Solicitors €30,125
Louisa C. McKeon & Company Solicitors €47,207
Nicola Nevin & Co. Solicitors €24,473
John O’Keeffee & Co. Solrs €3,505
Sheridan Fitzgerald Solicitors €28,979

Barristers

Name of Barrister Amount (€)
Brian Hallissey €5,776
Keith Farry €436,477

Personal Insolvency Practitioners

Name of Firm Amount (€)
ACO Financial €22,855
Arthur Insolvency Services LTD T/A Colm Arthur PIP €14,700
Charles P. Crowley & Co €3,075
John Paul Donelon €4,332
Friel Stafford Financial Services Limited €2,870
R. Hendy & Co. Chartered Accountants €2,050
Hogan & Co €2,050
Insolvency Resolution Service €71,406
Irish Insolvency & Debt Management Ltd €16,197
David Keogh €10,886
Kildare Audit & Accountancy Services €5,433
Kirk & Associates €19,885
John J Lupton €3,075
DV Mannion & Co. Ltd €1,353
McCambridge Duffy Ltd €38,435
Alan McGee Personal Insolvency Services Ltd (PIP) €28,087
Moore Stephens Debt Solutions €5,125
FPM Accountants Ireland Limited €35,676
Professional Debt Solutions Limited t/a Rescue Me €12,609
Rebate Insolvency Solutions €7,482
Jeanne Stapleton €1,230
Grant Thornton Debt Solutions Ltd €80,957
Uhy Personal & Corporate Insolvency Solutions €116,031
Karen Whitty Associates €5,000

Schedule C

Total amounts incurred but not yet paid by the Legal Aid Board in connection with solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 as at 1 February 2024.

- Total at 1 February 2024
Total – comprising of: €3,865,076
Fees to barristers €1,398,246
Fees to Personal Insolvency Practitioners €900,133
Fees to Solicitors €1,566,697

Comments

No comments

Log in or join to post a public comment.