Vol. 540 No. 3
309 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform if he will clarify the situation and offer the assistance of his Department to a person (details supplied); and if he will make a statement on the matter. [20807/01]
I can inform the Deputy that a review of the criteria used to determine financial eligibility under the Civil Legal Aid Act, 1995, has recently been carried out in my Department. This review was conducted in consultation with the Legal Aid Board.
Arising out of this review, I am happy to inform the Deputy that I will shortly make a statutory instrument which will increase the level of allowances and disposable income allowed for a person to be financially eligible for legal services. I expect that the increase in means limits will make legal services available to a greater number of people and it may be that the person mentioned by the Deputy will, therefore, shortly become eligible for legal aid. The Deputy will appreciate however, that if the person's means do not come within the statutorily specified limit, that the Board is obliged to refuse legal services.
The Deputy will further appreciate that under sections 24 and 28 of the Civil Legal Aid Act, 1995, the Legal Aid Board is also obliged to apply a merits test to the subject matter of an applicant's case, that is, the case must have a reasonable prospect of success if pursued through the courts and the subject matter of the case must not be excluded under the Act, respectively.
The Deputy will be aware that the Legal Aid Board is totally independent in the discharge of its functions under the Act.
