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Legal Aid Applications

Dáil Éireann Debate, Wednesday - 1 May 2013

Wednesday, 1 May 2013

Questions (186)

Finian McGrath

Question:

186. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding an appeal for legal aid (details supplied). [20740/13]

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Written answers

I wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. 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. As the Deputy is aware from the case that he has raised, a person who is refused legal aid has the right to appeal this decision to an Appeal Committee which is made up of non-executive members of the Board. However, I have absolutely no role in this process. 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.

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