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Legal Aid Service

Dáil Éireann Debate, Tuesday - 18 October 2011

Tuesday, 18 October 2011

Ceisteanna (358, 359)

Simon Harris

Ceist:

377 Deputy Simon Harris asked the Minister for Justice and Equality the number of persons in County Wicklow receiving legal aid; the waiting list in County Wicklow to receive legal aid; the budget allocated to legal aid; and if he will make a statement on the matter. [29656/11]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that an independent body, the Legal Aid Board, is responsible for the number of persons receiving civil legal aid and for matters dealing with the administration of civil legal aid, including waiting lists. However, in order to be helpful to the Deputy, enquires were made with the Board.

I am informed that it is difficult, at a particular point in time, to give an exact figure in respect of the number of persons in County Wicklow, or any other county, receiving civil legal aid provided by the Board. However, in the 12 months to 1 October 2011, I am informed that approximately 361 new applicants were offered an appointment with a solicitor in Wicklow Law Centre and a further 135 applicants were referred to private solicitors on the Board's panels for the purpose of obtaining a legally aided service.

In 2010 legal services were provided by Wicklow Law Centre in 460 cases while 145 cases were referred to private solicitors. As of 1 October 2011 there were 156 applicants at the Law Centre awaiting a first appointment. The current waiting time is approximately five months.

I wish to further inform the Deputy that the Board's grant-in-aid for 2011 is €24.125 m. The grant-in-aid represents close to 91% of the Board's income.

Simon Harris

Ceist:

378 Deputy Simon Harris asked the Minister for Justice and Equality if he will outline the purpose of legal aid; the services provided for under legal aid; and if he will make a statement on the matter. [29657/11]

Amharc ar fhreagra

I wish to inform the Deputy that the provision of legal aid within this State is split into two separate categories, namely civil legal aid and criminal legal aid.

Civil Legal Aid

The Legal Aid Board is the statutory body charged with providing legal aid in civil law cases. The Board was placed on a statutory footing by the Civil Legal Aid Act, 1995 and is completely independent in its functions. The Act makes provision for the grant by the State of legal aid and advice to persons of insufficient means in civil law cases. The principal function of the Board is set out in the Civil Legal Aid Act 1995 and can be summarised, insofar as the civil legal aid aspect is concerned, as being to provide, within the Board's resources and subject to the other provisions of the Act, legal aid and advice in civil cases to persons who satisfy the requirements of the Act. Applicants for civil legal aid must meet financial eligibility requirements determined by a merits test that is set out in the legislation.

The Civil Legal Aid Act 1995 defines legal aid as "representation by a solicitor of the Board, or a solicitor or barrister engaged by the Board under section 11, in any civil proceedings to which this section applies and includes all such assistance as is usually given by a solicitor and, where appropriate, barrister in contemplation of, ancillary to or in connection with, such proceedings, whether for the purposes of arriving at or giving effect to any settlement in the proceedings or otherwise".

The Act also defines legal advice as "any oral or written advice given by a solicitor of the Board or by a solicitor or barrister engaged by the Board for that purpose"'.

The Deputy might wish to note that a civil matter is included within the scope of legal aid unless it is specifically excluded. The matters that are specifically excluded are as follows:

Defamation

Disputes concerning rights and interests in or over land;

Matters within the jurisdiction of the Small Claims procedure;

Licensing;

Conveyancing;

Election petitions;

Certain matters where the application for legal services is made in a ‘representative' capacity.

Services are provided in the main through a network of law centres spread across the country. In addition services are provided in certain matters through the retention of private solicitors on a fee per case basis.

Criminal Legal Aid

The right to criminal legal aid in Ireland does not stem from a statute but is a constitutional right. The Criminal Justice (Legal Aid) Act 1962 is the primary piece of legislation governing the award of legal aid and is a means of vindicating that right.

The Act provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Legal aid is granted in all courts including the District, Circuit and higher Courts. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. It also includes, where appropriate, access to expert witnesses and reports as part of an accused person's defence.

Under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal representation him/herself. The court must also be satisfied that by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. I have no function in these matters which are determined by the judiciary.

When a defendant is granted free legal aid the court in question will assign a solicitor from the list of those registered as willing to act under the scheme for sittings of the court in that area. In making the assignment the court must, however, take into consideration the representations, if any, of the accused concerned. In practice this usually results in the assignment of the solicitor of one's own choice.

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