Vol. 493 No. 5
196 Ms McManus asked the Minister for Justice, Equality and Law Reform the scope of the services being put to tender with regard to the tender procedure in relation to legal aid services for asylum seekers; and when he expects the legal aid services to be fully operational. [16621/98]
The invitation to tender for the refugee legal service provides that:
the Refugee Legal Service will be an independent organisation;
the successful applicant (hereafter "service provider") will establish and manage a refugee legal service to provide legal advice, assistance and representation to persons who have made, or who wish to make an application for asylum in the State. These services will be provided only in connection with the making by such persons of such applications. These services are to be provided free of charge to applicants. The service provider will not provide legal advice, assistance or representation to any person in connection with any proceedings before any court established by law;
without prejudice to the generality of the foregoing he/she will:
(a) advise applicants for asylum in the State as to the procedures to be followed;
(b) provide all necessary legal advice, assistance and representation in relation to the consideration of such applications;
(c) provide such advice, assistance and representation as may be necessary to enable persons to appeal to the Appeals Authority, including, where appropriate, appearing on behalf of the appellant at any oral hearing which the Appeals Authority may determine to hold in connection with such appeal;
(d) advise and assist persons whose application for asylum it is proposed to transfer to a convention country pursuant to the provisions of the Dublin Convention, including (where appropriate) preparing and submitting an appeal against a determination to transfer;
(e) draft all applications, statements, notices etc. which may be necessary for providing the services referred to above.
My Department, in conjunction with the UNHCR and the Office of the Attorney General, is currently evaluating the tenders received .
197 Ms McManus asked the Minister for Justice, Equality and Law Reform if the proposed legal aid services for asylum seekers will cover applications for judicial review in relation to asylum applications; if not, the reason in this regard; and if he will make a statement on the matter. [16622/98]
The invitation to tender for the refugee legal service provides, inter alia, that “the service provider will not provide legal advice, assistance or representation to any person in connection with any proceedings before any court established by law.” Funding for judicial review cases is already available under another scheme, i.e. the Attorney General's scheme. It would not be appropriate, therefore, to provide two separate avenues of funding for the same procedure.
