Pat Rabbitte
Question:93 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform his plans for the wider provision of civil legal aid; and if he will make a statement on the matter. [3193/01]
Written Answers. - Legal Aid.
The Civil Legal Aid Act, 1995, provides for the availability of advice and representation by a solicitor and, if necessary, a barrister to persons of modest means, at little cost, in civil cases. Aid is available for representation for proceedings in the District, Circuit, High and Supreme Courts.
While at present the vast majority of the Legal Aid Board's case load comes from the area of family law, the Act provides for legal services to be available in a wide range of civil matters. For example, during 1999, legal advice was provided in 3,300 non-family matters and legal aid was provided in 146 such cases. Non-family law areas covered by the board on a regular basis include such matters as medical negligence, professional negligence, personal injury, contractual disputes, unfair dismissal, debt, property matters and landlord and tenant matters.
The Deputy will also be aware that advice and aid in relation to certain civil law matters are specifically excluded under the Act, including defamation, disputes concerning rights and interests over land, civil matters within the jurisdiction of the District Court Rules, 1993 – small claims procedure – licensing, conveyancing, representation before tribunals and election petitions. However, a conveyancing service may be provided if the issue follows from a family law matter for which a legal aid certificate previously issued. There are also limited circumstances whereby representation may be provided in respect of disputes concerning rights and interests over land, for example, in cases where an agreement to marry has been terminated or if the issue concerns the family home and infirmity of mind or duress are suspected.
The service provided by the Legal Aid Board is now widely accessible to the public. The board currently operates full-time law centres at 31 locations around the country and part-time law centres at a further 13 locations. In this context, I consider that the case mix handled by the board is a reflection of demand rather than of any limitations imposed by the Act. However, I assure the Deputy that the operation of the Act will continue to be monitored by my Department in consultation with the Legal Aid Board.