Dáil Éireann Debate, Wednesday - 7 February 2024
345. Deputy Richard Boyd Barrett asked the Minister for Justice the amount that has been spent by the Legal Aid Board to personal insolvency practitioners, solicitors and barristers under the PIA Review of the Legal Aid Service for 2022 and 2023; the details of these payments; the companies and individuals that received same; the amount received by each company and individual; and if she will make a statement on the matter. [5211/24]
View answer346. Deputy Richard Boyd Barrett asked the Minister for Justice the amount that has been accrued, but is as yet unpaid, by the Legal Aid Board to personal insolvency practitioners, solicitors and barristers under the PIA Review of the Legal Aid Service since its inception in 2016 to date; the details of these liabilities; the companies to which they are owed; and if she will make a statement on the matter. [5212/24]
View answerI propose to take Questions Nos. 345 and 346 together.
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021. Section 3(3) of the Act states that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.
As the Deputy will be aware, civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. There are 34 full-time centres and dedicated units and three part-time law centres. The Board also operates 20 family mediation centres. Eight of the law centres and family mediation offices are co-located.
The Board has in place panels of private solicitors, and a barristers’ panel, which are used to supplement the services provided by Board solicitors in certain areas of law on a case-by-case basis, including cases on foot of the Abhaile scheme. Each panel has its own schedule of fees set out and approved by me as Minister for Justice and my colleague, the Minister for Public Expenditure, NDP Delivery and Reform.
As the Deputy will be aware, the government-funded Abhaile service was set up by the then Minister for Justice and Equality in October 2016, to help those in long term home mortgage arrears.
Through its free, expert financial and legal support services, Abhaile aims, wherever possible, to find solutions for borrowers that enable them to remain in their homes and out of homelessness.
The scheme has proven critical in terms of supporting families who find themselves in serious or long-term mortgage arrears and are at risk of losing their homes.
An important component of Abhaile relates to the provision of legal aid for proceedings under Section 115A of the Personal Insolvency Act 2012 (as amended). This legislation provides for a process where a proposal for personal insolvency arrangement (PIAs) can be implemented by a court even if rejected by creditors at a creditors meeting. Section 115A cannot be invoked in respect of all PIAs. It can only be invoked where the proposal for a PIA includes a mortgage secured on the person’s principal private residence and the person is in arrears on that mortgage or having been previously in arrears has entered into an alternative repayment arrangement with their lender.
The provision of legal aid for personal insolvency court reviews as part of Abhaile is in support of the Government's objective to keep as many people in their homes as possible. Legal aid includes the services of a solicitor from the Legal Aid Board’s Abhaile Solicitors Panel and payment to the personal insolvency practitioner in respect of expenses that occur in making a Section 115A application. Prior to 1 March 2019, the services of Junior Counsel were funded in all s115A applications. Since that date, the services of Counsel may be sought on a case by case basis as for other civil legal aid matters.
I have been provided with the following Schedules by the Legal Aid Board.
Schedule A sets out in tabular format the amounts spent by the Legal Aid Board on solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 in 2022 and 2023
Schedule B sets out in tabular format the amount paid by the Legal Aid Board to each individual solicitor, barrister and personal insolvency practitioner for applications under the Personal Insolvency Act 2012 in 2022 and 2023.
Schedule C sets out in tabular format the total amounts incurred but not yet paid by the Legal Aid Board in connection with solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 as at 1 February 2024. I am informed that while the Legal Aid Board has changed its procedures so as to obtain the name of the solicitor/Counsel from the PIP at the outset of the case, this information has not been recorded for historical cases and so the Board is not able to provide this information on an individualised basis.
I am informed that all amounts are inclusive of VAT.
Schedule A
Amounts spent by the Legal Aid Board on solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 in 2022 and 2023.
|
- |
2022 |
2023 |
|
Barristers |
€775,305 |
€442,253 |
|
Solicitors |
€982,928 |
€614,667 |
|
Personal Insolvency Practitioners |
€801,514 |
€510,799 |
Schedule B
Amount paid by the Legal Aid Board to each individual solicitor, barrister and personal insolvency practitioner for applications under the Personal Insolvency Act 2012 in 2022 and 2023
2022
Solicitors
|
Name of Firm |
Amount (€) |
|
Catherine Allison & Co. |
€128,652 |
|
Ashtown Gate Solicitors |
€35,092 |
|
Brady Kilroy Solicitors |
€11,359 |
|
Carley & Associates Solicitors |
€51,136 |
|
Gibson & Associates Solicitors |
€67,847 |
|
Hanlon & Co. Solicitors |
€36,980 |
|
Holohan Solicitors |
€5,258 |
|
Kayanne Horgan Solicitors |
€27,226 |
|
Elizabeth Howard & Co. Solicitors |
€7,011 |
|
Anthony Joyce & Co. |
€429,023 |
|
KM Solicitors |
€7,011 |
|
Alan McGee & Co. Solicitors |
€92,336 |
|
Louisa C. McKeon & Company Solicitors |
€72,511 |
|
Midland Insolvency Solutions |
€1,353 |
|
Kieran Mulcahy Solicitors |
€3,856 |
|
Pierse Fitzgibbon Solicitors |
€2,571 |
|
J. F. Williams & Co. Solicitors |
€3,506 |
Barristers
|
Name of Barrister |
Amount (€) |
|
Keith Farry |
€733,924 |
|
Brian Hallissey |
€21,069 |
|
Andrew D. King |
€11,892 |
|
Eoin Martin |
€1,550 |
|
Mark Rodgers |
€4,225 |
|
Mark Sanfey |
€2,645 |
Personal Insolvency Practitioners
|
Name of Firm |
Amount (€) |
|
ACO Financial |
€42,579 |
|
Arthur Insolvency Services Ltd T/A Colm Arthur PIP |
€32,595 |
|
Cork Insolvency Centre |
€1,127 |
|
Charles P. Crowley & Co |
€3,075 |
|
John Paul Donelon |
€10,250 |
|
DS Debt Solutions |
€1,000 |
|
R. Hendy & Co. Chartered Accountants |
€13,531 |
|
Hogan & Co. |
€4,305 |
|
Insolvency Resolution Service |
€47,666 |
|
David Keogh |
€6,150 |
|
Kildare Audit & Accountancy Services |
€11,583 |
|
Kirk & Associates |
€38,437 |
|
KPMG Restructuring |
€22,039 |
|
DV Mannion & Co. Ltd |
€9,943 |
|
McCambridge Duffy Ltd |
€97,418 |
|
Alan McGee Personal Insolvency Services (PIP) |
€30,137 |
|
Midland Insolvency Solutions |
€40,715 |
|
Milne O’Dwyer |
€3,075 |
|
Minotaur Financial Services Ltd |
€6,457 |
|
Moore Stephens Debt Solutions |
€2,256 |
|
Mulhern Leonard |
€4,167 |
|
PIP Solutions |
€2,256 |
|
FPM Accountants Ireland Limited |
€3,075 |
|
Rebate Insolvency Solutions |
€48,217 |
|
Jeanne Stapleton |
€6,150 |
|
Grant Thornton Debt Solutions Ltd |
€164,947 |
|
Uhy Personal & Corporate Solutions Ltd |
€148,364 |
2023
Solicitors
|
Name of Firm |
Amount (€) |
|
Catherine Allison & Co |
€31,482 |
|
Carley & Associates Solicitors |
€29,446 |
|
Gibson & Associates Solicitors |
€17,038 |
|
Hanlon & Company Solicitors |
€47,675 |
|
Kayanne Horgan Solicitors |
€47,355 |
|
Anthony Joyce & Co |
€307,382 |
|
Alan McGee & Co Solicitors |
€30,125 |
|
Louisa C. McKeon & Company Solicitors |
€47,207 |
|
Nicola Nevin & Co. Solicitors |
€24,473 |
|
John O’Keeffee & Co. Solrs |
€3,505 |
|
Sheridan Fitzgerald Solicitors |
€28,979 |
Barristers
|
Name of Barrister |
Amount (€) |
|
Brian Hallissey |
€5,776 |
|
Keith Farry |
€436,477 |
Personal Insolvency Practitioners
|
Name of Firm |
Amount (€) |
|
ACO Financial |
€22,855 |
|
Arthur Insolvency Services LTD T/A Colm Arthur PIP |
€14,700 |
|
Charles P. Crowley & Co |
€3,075 |
|
John Paul Donelon |
€4,332 |
|
Friel Stafford Financial Services Limited |
€2,870 |
|
R. Hendy & Co. Chartered Accountants |
€2,050 |
|
Hogan & Co |
€2,050 |
|
Insolvency Resolution Service |
€71,406 |
|
Irish Insolvency & Debt Management Ltd |
€16,197 |
|
David Keogh |
€10,886 |
|
Kildare Audit & Accountancy Services |
€5,433 |
|
Kirk & Associates |
€19,885 |
|
John J Lupton |
€3,075 |
|
DV Mannion & Co. Ltd |
€1,353 |
|
McCambridge Duffy Ltd |
€38,435 |
|
Alan McGee Personal Insolvency Services Ltd (PIP) |
€28,087 |
|
Moore Stephens Debt Solutions |
€5,125 |
|
FPM Accountants Ireland Limited |
€35,676 |
|
Professional Debt Solutions Limited t/a Rescue Me |
€12,609 |
|
Rebate Insolvency Solutions |
€7,482 |
|
Jeanne Stapleton |
€1,230 |
|
Grant Thornton Debt Solutions Ltd |
€80,957 |
|
Uhy Personal & Corporate Insolvency Solutions |
€116,031 |
|
Karen Whitty Associates |
€5,000 |
Schedule C
Total amounts incurred but not yet paid by the Legal Aid Board in connection with solicitors, barristers and personal insolvency practitioners for applications under the Personal Insolvency Act 2012 as at 1 February 2024.
|
- |
Total at 1 February 2024 |
|
Total – comprising of: |
€3,865,076 |
|
Fees to barristers |
€1,398,246 |
|
Fees to Personal Insolvency Practitioners |
€900,133 |
|
Fees to Solicitors |
€1,566,697 |
Question No. 346 answered with Question No. 345.
