Michael McNamara
Question:507 Deputy Michael McNamara asked the Minister for Justice and Equality if it is necessary for a barrister to be a member of the Law Library to be on the criminal and civil legal aid panels. [9324/12]
View answerTuesday, 21 February 2012
Questions (473)
Written answers
As the Deputy is aware, there are two schemes for legal aid, one for Criminal Legal Aid and another for Civil Legal Aid.
Criminal Legal Aid
I can inform the Deputy that barristers who wish to operate under the Criminal Legal Aid Scheme must be on a criminal legal aid panel as provided for in the Criminal Justice (Legal Aid) Act, 1962 and Regulations, 1965 to 2011. The procedure for barristers is that they must inform the Bar Council that they are willing to accept instruction in cases where the defendant has been granted a certificate for free legal aid by the courts. The Bar Council then informs my officials who request a tax clearance certificate from the counsel before adding his or her name to the panel. Neither the Act nor the Regulations specify that barristers, who wish to be included on the criminal legal aid panel, have to be members of the Law Library.
Civil Legal Aid
I can further inform the Deputy that the Legal Aid Board is responsible for the maintenance of a panel of barristers who provide services in civil legal aid matters. The Board has not specified that barristers must be members of the Law Library. However, its current practice is that the Bar Council of Ireland notifies it of the names and details of barristers who wished to be placed on its panel and those barristers are placed accordingly. The Bar Council of Ireland's Code of Conduct provides that barristers shall not have their name placed on a legal aid panel until they have completed six months pupillage or have been members of the Law Library for one year. Current staff in the Board are not aware of any application for admission to the panel having been made other than through the Bar Council.
I understand that the Board is in the process of revising the terms and conditions for the retention of barristers.