Dáil Éireann Debate, Tuesday - 16 April 2013
955. Deputy Brendan Griffin asked the Minister for Justice and Equality the reason a person (details supplied) in County Kerry with means in excess of €1,000,000 qualified for free legal aid; and if he will make a statement on the matter. [17487/13]
View answerAs the Deputy is aware under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. Under Section 7(3) of the Act, I am precluded from exercising any power or control in relation to any particular case with which the Legal Aid Board is or may be concerned.
The Deputy might further wish to note that the solicitor/client relationship is protected by privilege in accordance with the terms of Section 32 of the Civil Legal Aid Act 1995 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board. I can inform the Deputy, however, that the granting of legal aid in civil matters is subject to a means assessment, as set out by the Act and the accompanying Regulations. In order to qualify, an applicant's disposable income cannot exceed €18,000 per annum and disposable capital cannot exceed €320,000. Each client must pay a contribution towards the cost of the services provided, the amount of which depends on the client's disposable income and capital. Further information on the means assessment rules can be seen on the Board's website, www.legalaidboard.ie. The Legal Aid Board has assured me that it investigates any cases where a client is suspected of providing a false declaration of means. If this is proven, it takes the necessary steps to withdraw legal services from that client.
