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Legal Aid

Dáil Éireann Debate, Tuesday - 28 July 2020

Tuesday, 28 July 2020

Questions (806)

Matt Carthy

Question:

806. Deputy Matt Carthy asked the Minister for Justice and Equality the issues arising as a result of a change of systems within legal aid; if her attention has been drawn to files being lost; if so, the number of cases involved; and if she will make a statement on the matter. [18830/20]

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Written answers

The Legal Aid Board provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017.  The Board delivers these services through directly employed solicitors in its network of law centres around the country and private solicitors from its private practitioner panels.

My officials have requested information from the Legal Aid Board to be of assistance to the Deputy and I will revert with a reply to the Deputy as soon as it is received.

The following deferred reply was received under Standing Order 51  
I refer to parliamentary Question No. 806 for answer on 28 July 2020 regarding concerns in relation to the Legal Aid Board.  
As you will recall, the relevant information could not be obtained in the time available and I undertook to contact you again when the details were to hand.  
The Legal Aid Board provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017.  The Board delivers these services through directly employed solicitors in its network of law centres around the country and private solicitors from its private practitioner panels.  The Legal Aid Board provides independent legal assistance to its clients subject to the required standards of client privilege and confidentiality.  
However, within these parameters, I have had the matter referred by my Department to the Legal Aid Board who have responded in the following general terms.  For confidentiality reasons the Legal Aid Board cannot respond in detail in relation to an individual case but has assured me that if the individual in question contacts the Board about any difficulties with lost files, or indeed any other aspect of the Board's service to such individual the matter will be fully investigated. The Board has a complaints procedure which is available on its website and the Board commits to responding to all written complaints in a timely manner.    
On the general question about whether there is an issue about files being lost, the Board has informed me that this is the first time this matter has been raised and it has made enquiries on foot of the Deputy’s query and confirms that there is no report of a lost file that has occurred.  
The Board provides legal services to applicants for International Protection through its employed legal staff at its law centres in Smithfield, Dublin and also in Cork and Galway.  Arising from the enactment of the International Protection Act 2015 and the introduction of the “single procedure” the Board established and maintains a panel of solicitors who are willing to provide services to persons who have been granted legal services by the Board for the purpose of: advice and/or representation in relation to an application under the International Protection Act 2015 for asylum, subsidiary protection and permission to remain;  
and for all relevant matters covered by the International Protection Act 2015, the Refugee Act 1996 and the Immigration Act 1999.   
Whether provided in-house or through private solicitors the Board seeks to quality assure the service it provides through regular training, file reviews and the availability of its complaints procedure.  
I trust that this information is of assistance.
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