Legal Aid Service.

Dáil Éireann Debate, Tuesday - 16 October 2007

Tuesday, 16 October 2007

Questions (431)

Brendan Howlin

Question:

507 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that persons who are dependent on social welfare payments are required to pay a fee of €50 per application to the Legal Aid Board for free legal aid; if his attention has further been drawn to the fact that community welfare officers are precluded from funding legal expenses under the supplementary welfare allowance scheme; his views on whether this effectively debars persons who are without means to pay application fees from accessing free legal aid; if he will take steps to remedy this situation; and if he will make a statement on the matter. [23448/07]

Written answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

I can inform the Deputy that the Civil Legal Aid Regulations provide that a minimum contribution of €50 per application is payable. The Regulations also provide that the minimum contribution may be waived where the payment of the contribution would cause severe hardship to that person. I understand that in considering whether hardship exists, the Board considers each case by reference to the particular circumstances of the individual applicant.

As the Deputy will be aware, I have no role in regard to the Supplementary Welfare Allowance scheme, which is administered by the Health Service Executive on behalf of the Department of Social and Family Affairs. I am, however, informed that Community Welfare Officers are not precluded from making once off Exceptional Needs Payments for legal costs. I understand that each application is considered on its merits by the Health Service Executive based on the circumstances of the case and that an Exceptional Needs Payment would normally be considered where the Executive is of the opinion that failure to provide a payment would cause undue hardship to the applicant.