Legal Aid Application Numbers

Tuesday, 18 February 2014

Questions (561)

Gerry Adams

Question:

561. Deputy Gerry Adams asked the Minister for Justice and Equality if he will he provide a county breakdown of the number of applicants for legal aid in each of the past three years; the number of these applications that were granted; and if he will make a statement on the matter. [7784/14]

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Written answers

Minister for Justice and Equality

As the Deputy may be aware the provision of legal aid falls within two separate categories, i.e. criminal legal aid and civil legal aid. Details in respect of each category are as follows:

Criminal Legal Aid

Under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal representation him/herself. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the judiciary on the applicant's appearance in court. Unfortunately figures are not kept in such a way as to be able to provide a breakdown by county of the number of certificates granted for criminal legal aid.

Civil Legal Aid

The Legal Aid Board is a statutory, independent body in accordance with the Civil Legal Aid Act, 1995. The issue raised by the Deputy is a matter for the Board. However, in order to be helpful to the Deputy I have had enquiries made with the Board.

The Legal Aid Board operates 30 general full time law centres in 23 different counties. The number of applicants in each of the last three years at the law centre(s) in each of the counties in which the Board has a full time presence are detailed below. The Board has six general law centres in Dublin and two general law centres in both Cork and Galway. In addition, the Board also operates part time law centres in the counties where it does not have a full time presence. Each of these centres is operated by a full time centre and the numbers getting services at these centres are included in the applications figure for the full time centre. I should point out that the Board operates a part-time centre in Drogheda which is operated by its law centre in Monaghan (rather than its law centre in Dundalk).

Furthermore, I wish to advise the Deputy that persons seeking legal services can apply at any law centre and are not required to apply within the county in which they reside. Thus the figures are not reflective of the addresses by county of the applicants. This particular information is not readily available.

Law centres are almost invariably unable to offer legal services to all on demand and are obliged to operate a waiting list system for non prioritised matters. However every applicant is offered an appointment with a solicitor assuming that they meet the financial eligibility criteria and that their issue is of a nature that comes within the remit of the civil legal aid scheme. At that appointment they will get legal advice. Some applicants require representation in court either to take court proceedings or to defend court proceedings. In those cases the solicitor makes an application to the Board for a legal aid certificate on the person’s behalf. The Board does not retain a breakdown by law centre of the number of these applications that are granted/refused.

Number of applicants in each of the last three years at the law centre(s) in each of the counties in which the Board has a full time presence

County	2013	2012	2011
Cavan	193	279	281
Clare	472	582	739
Cork	1,809	2,208	2,357
Donegal	643	636	670
Dublin	4,532	5,600	4,821
Galway	871	939	603
Kerry	610	609	611
Kildare	858	884	1,027
Kilkenny	784	747	836
Laois	406	523	622
Limerick	707	853	732
Longford	444	378	383
Louth	320	381	379
Mayo	371	393	398
Meath	785	574	560
Monaghan	371	469	389
Offaly	349	423	408
Sligo	319	459	319
Tipperary	632	503	636
Waterford	505	562	580
Westmeath	511	557	550
Wexford	498	590	589
Wicklow	557	696	797