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Legal Aid Applications Data

Dáil Éireann Debate, Tuesday - 16 December 2014

Tuesday, 16 December 2014

Questions (365)

John Deasy

Question:

365. Deputy John Deasy asked the Minister for Justice and Equality if she will provide a breakdown by county of the number of applications received and approved under the free legal aid scheme in each of the past five years. [47973/14]

View answer

Written answers

I wish to inform the Deputy that the provision of legal aid falls within two separate categories, i.e. civil legal aid and criminal legal aid. Details in respect of each category are outlined 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

In respect of civil legal aid, this is provided by the Legal Aid Board, an independent State agency. At the outset, it should be clarified that with the exception of a very small number of cases, civil legal aid is not free nor is the word ‘free’ part of the Board’s title. Clients pay a contribution for legal advice and a further contribution if they require representation in court. This is important as many applicants to the Board query why they are being asked to make a payment as they have heard reference to ‘free legal aid’ or the ‘Free Legal Aid Board’.

In relation to civil legal aid, the Legal Aid Board operates 30 general full-time law centres in twenty-three different counties. The number of applicants in each of the last five years at the law centre(s) in each of the counties in which the Board has a full time presence is as set out. (The Board has six general law centres in Dublin and two general law centres in both Cork and Galway). Only applicants that have been financially assessed are placed on an applications record and financial eligibility is usually determined by law centre staff within 48 hours of receipt of the application. Therefore, the following figures represent financially eligible applications that fall within the scope of the Act.

Persons seeking legal services can apply at any law centre and are not required to apply within the county in which they reside. 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. One other point to note is 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). Thus the figures are not reflective of the addresses by county of the applicants. This particular information is not readily available.

County

2013

2012

2011

2010

2009

Cavan

193

279

281

233

257

Clare

472

582

739

675

638

Cork

1,809

2,208

2,357

2,060

2,029

Donegal

643

636

670

592

475

Dublin

4,532

5,600

4,821

4,499

3,863

Galway

871

939

603

611

482

Kerry

610

609

611

598

546

Kildare

858

884

1,027

1,067

981

Kilkenny

784

747

836

711

728

Laois

406

523

622

561

448

Limerick

707

853

732

697

598

Longford

444

378

383

336

362

Louth

320

381

379

327

290

Mayo

371

393

398

398

333

Meath

785

574

560

487

471

Monaghan

371

469

389

334

325

Offaly

349

423

408

429

401

Sligo

319

459

319

522

510

Tipperary

632

503

636

597

562

Waterford

505

562

580

519

524

Westmeath

511

557

550

555

501

Wexford

498

590

589

541

587

Wicklow

557

696

797

973

1,006

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