Dáil Éireann Debate, Tuesday - 6 October 2009
692 Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Westmeath was refused free legal aid; and if he will make a statement on the matter. [33356/09]
Amharc ar fhreagraI can inform the Deputy that under section 7(3) of the Civil Legal Aid Act, 1995, I am precluded from exercising any power or control in relation to any particular case with which the Legal Aid Board is or may be concerned. Furthermore, in respect of any queries regarding the provision of legal services to any person, please note that the solicitor/client relationship is protected by privilege in accordance with the terms of Section 32 of the Civil Legal Aid Act, 1995. The Legal Aid Board does not provide information to third parties regarding a person who may or may not be a client of the Board.
It should be noted that the Legal Aid Board is required to consider and make decisions on all applications received in its Law Centres for legal aid. I have had enquiries made in the Legal Aid Board and I have been informed that when deciding to grant legal aid, the Board issues a Legal Aid Certificate to the applicant setting out the services to be rendered on that particular matter. In the event that the Board decides not to grant a Legal Aid Certificate, the applicant would be directly informed of the decision and the reasons supporting the decision. In addition, the applicant would be advised as to their rights to have the decision reviewed and, if required, heard by the Appeals Committee of the Board. In that context, a decision arrived at by the Appeals Committee would be final.
