Dáil Éireann Debate, Wednesday - 23 May 2012
184 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will provide a breakdown in tabular form of the waiting lists for persons seeking civil legal aid in each county; and if he will make a statement on the matter. [25950/12]
Amharc ar fhreagraThe Legal Aid Board is a statutory, independent body in accordance with the Civil Legal Aid Act 1995. The issue raised by the Deputy is a matter for the Board. However, in order to be helpful to the Deputy I have had enquiries made with the Board. On the assumption that the Deputy referring to the number of applicants for non-prioritised matters at each law centre, I am advised that as at 30 April, 2012 the following is the information requested:
|
Numbers Waiting in each Law Centre on 30 April, 2012 |
|
|
Dublin |
|
|
Blanchardstown |
144 |
|
Brunswick Street |
161 |
|
Clondalkin |
262 |
|
Finglas |
206 |
|
Gardiner Street |
259 |
|
Tallaght |
157 |
|
Cork |
|
|
Popes Quay |
240 |
|
South Mall |
286 |
|
Athlone |
170 |
|
Castlebar |
107 |
|
Cavan |
103 |
|
Dundalk |
13 |
|
Ennis |
165 |
|
Galway |
234 |
|
Kilkenny |
324 |
|
Letterkenny |
119 |
|
Limerick |
126 |
|
Longford |
101 |
|
Monaghan |
48 |
|
Navan |
146 |
|
Nenagh |
117 |
|
Newbridge |
239 |
|
Portlaoise |
213 |
|
Sligo |
124 |
|
Tralee |
150 |
|
Tullamore |
75 |
|
Waterford |
124 |
|
Wexford |
196 |
|
Wicklow |
194 |
Finally, the Deputy may also wish to note that I am further informed that five law centres have now commenced a pilot project which aims to ensure that every applicant receives an appointment with a solicitor within a month of their application for the purpose of receiving legal advice. As such some applicants at those locations will have received legal advice though they are waiting for further services. The law centres involved in this pilot project are located at Athlone, Cavan, Nenagh, Sligo and Wicklow.
185 Deputy Michael Healy-Rae asked the Minister for Justice and Equality with regard to the civil legal aid service in Ireland, if the reduction in staff and funding of the service resulted in persons who are in urgent need of legal aid having to go before the courts without proper advice and back up; and if he will make a statement on the matter. [25951/12]
Amharc ar fhreagraThe Legal Aid Board is a statutory, independent body in accordance with the Civil Legal Aid Act 1995. The issue raised by the Deputy is a matter for the Board. However, in order to be helpful to the Deputy I have had enquiries made with the Board. I am informed that in the vast majority of cases in which a party has sought legal services from the Legal Aid Board and where those legal services are not available to the person in advance of his/her next court date, the matter is adjourned until such time as the person is able to obtain legal services. This is particularly so in family law matters. I would like to refer the Deputy to my answer to Parliamentary Question 186 of today's date which was also tabled by him in which I provide information on the types of cases that are prioritised by the Board. I am informed by the Board that applicants in these cases obtain an immediate or near immediate service.
186 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if there is guarantee when it comes to legal aid of a no waiting policy for issues of domestic violence or potential child abuse when people seek assistance; and if he will make a statement on the matter. [25952/12]
Amharc ar fhreagraThe Legal Aid Board is a statutory, independent body in accordance with the Civil Legal Aid Act 1995. The issue raised by the Deputy is a matter for the Board. However, in order to be helpful to the Deputy I have had enquiries made with the Board.
I am informed that the Legal Aid Board gives priority to certain case types. The consequence of being prioritised is that the applicant should get an immediate or near immediate service. The case types that are prioritised are as follows:
child abduction proceedings;
situations in which there is a real danger of children being taken out of the jurisdiction without the consent of the applicant;
proceedings on foot of Part IV of the Child Care Act 1991 or where applicants are presenting with cases that involve a risk of such proceedings;
domestic violence;
where a maintenance debtor has been served with a summons/warrant on foot of section 9A of the Family Law (Maintenance of Spouses and Children) Act 1976 has appeared in Court and has applied for civil legal aid having been advised of his/her entitlement to do so by the Judge;
where, under the Statute of Limitations, there is a danger that the time limits for issuing proceedings may expire unless immediate action is taken;
which there is a danger of time limits expiring;
which there is a danger that assets may be reduced/disposed of so that they would be unavailable to meet the claims of the applicant;
District Court and Circuit Court appeals, where the case has been dealt with through the private practitioner service and services are now being sought from the law centre;
legal services are required for complainants in rape and certain sexual assault cases;
legal aid is required for persons in respect of whom a sex offenders order is being sought;
cases in which the other party's nationality, domicile or habitual residence enables them to seek a similar remedy in another jurisdiction and where the applicant is likely to be prejudiced if he/she does not initiate proceedings first;
asylum cases; and
managing solicitors have used a residual discretion to provide a priority service in other cases where, having regard to the particular case concerned, as compared with other applications on the applications record, and to their own knowledge and experience, they consider that it is appropriate that a particular applicant be given specific priority over other applicants for legal services.
