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Dáil Éireann díospóireacht -
Thursday, 5 Jul 2001

Vol. 540 No. 3

Written Answers. - Courts Service.

Noel Ahern

Ceist:

311 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform the situation with reference to various cases being taken to court seeking court orders to direct various Government Departments to provide various health, educational and child care facilities; if the same redress is available for those seeking service or justice from the courts system; and if he will make a statement on the matter or ask the Legal Aid Board to be less rigid in their means test considerations. [20809/01]

The Deputy will appreciate that the courts are independent in the exercise of their judicial functions. In this regard, I am sure that the Deputy will also appreciate that the question as to whether a given set of circumstances could constitute an actionable case to be adjudicated on by the courts would be a matter for legal advice and it would be inappropriate for me to comment.

In relation to the provision of civil legal aid, the Deputy will be aware that a review of the criteria used to determine financial eligibility under the Civil Legal Aid Act, 1995, has recently been carried out in my Department. The Deputy will also be aware that arising from this review, which was conducted in consultation with the Legal Aid Board, I will shortly make a statutory instrument which will increase the level of allowances and disposable income allowed for a person to be financially eligible for legal services. I expect that the increase in means limits will make legal services available to a greater number of people and it may be that the persons referred to by the Deputy will, therefore, shortly become eligible for legal aid. The Deputy will appreciate however, that if the person's means do not come within the statutorily specified limit, that the board is obliged to refuse legal services.

The Deputy will further appreciate that under sections 24 and 28 of the Civil Legal Aid Act, 1995, the Legal Aid Board is also obliged to apply a merits test to the subject matter of an applicant's case, that is, the case must have a reasonable prospect of success if pursued through the courts and the subject matter of the case must not be excluded under the Act, respectively.

The Deputy will be aware that the Legal Aid Board is totally independent in the discharge of its functions under the Act.

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