Dáil Éireann Debate, Tuesday - 12 July 2016
140. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to either introduce a system of legal aid for small limited liability companies or to legislate to allow companies to represent themselves before the courts given that the system as currently constructed places a requirement on small companies to have legal representation, but without a system in place of legal aid for such small companies. [20477/16]
View answerI can inform the Deputy that section 5(1) of the Civil Legal Aid Act 1995 states that the principal function of the Legal Aid Board is, inter alia, to provide legal aid and advice in civil cases to persons who satisfy the requirements of the Act. The Board has always interpreted the word ‘persons’ to mean natural persons only and not to include legal persons. Section 29(1) of the Act requires that a person satisfy certain financial eligibility criteria set out in Regulations. The financial eligibility criteria that are set out in the Civil Legal Aid Regulations 1996 – 2013 clearly contemplate a natural person’s income and resources being assessed and do not contemplate the assessment being in relation to a legal person.
There are no plans at present to introduce legal aid for the type of commercial enterprise referred to but the situation is kept under review in my Department.
