Dáil Éireann Debate, Wednesday - 15 April 2015
384. Deputy Michael McGrath asked the Minister for Justice and Equality the number of cases in which the Legal Aid Board is currently providing legal representation before the courts, in the form of civil legal aid to persons against whom proceedings have been issued for the repossession of their principal dwelling house; and if she will make a statement on the matter. [14719/15]
Amharc ar fhreagra385. Deputy Michael McGrath asked the Minister for Justice and Equality the extent to which legal representation before the courts in the form of civil legal aid is available from the Legal Aid Board, to those against whom proceedings have been issued for the repossession of their principal dwelling house; and if she will make a statement on the matter. [14720/15]
Amharc ar fhreagra386. Deputy Michael McGrath asked the Minister for Justice and Equality the extent to which additional resources have been allocated to the Legal Aid Board, specifically for the provision of civil legal advice and civil legal aid to those against whom proceedings have been issued for the repossession of their principal dwelling house, to reflect the fact that the number of mortgages in respect of which such proceedings have issued has risen from 1,327 in 2012 to 11,424 in 2014; and if she will make a statement on the matter. [14721/15]
Amharc ar fhreagra387. Deputy Michael McGrath asked the Minister for Justice and Equality if the Legal Aid Board automatically designates cases where the applicant is a person against whom proceedings have been issued for the repossession of their principal dwelling house as a priority applicant; and if she will make a statement on the matter. [14722/15]
Amharc ar fhreagra388. Deputy Michael McGrath asked the Minister for Justice and Equality the options for legal representation available to those against whom proceedings have been issued for the repossession of their principal dwelling house, but who are not in a financial position to afford such legal representation; and if she will make a statement on the matter. [14723/15]
Amharc ar fhreagra389. Deputy Michael McGrath asked the Minister for Justice and Equality if the State is under an obligation to provide legal representation to those against whom proceedings have been issued for the repossession of their principal dwelling house; and if she will make a statement on the matter. [14724/15]
Amharc ar fhreagra390. Deputy Michael McGrath asked the Minister for Justice and Equality the steps she has taken to extend the parameters of the merits test applied by the Legal Aid Board in assessing whether to provide legal representation to those against whom proceedings have been issued for the repossession of their principal dwelling house, in order not to exclude those who it has assessed will not be able to successfully defend the proceedings, but who wish to seek a settlement of the proceedings or a stay on any order that may be granted; her plans to take any steps to do so; and if she will make a statement on the matter. [14725/15]
Amharc ar fhreagraI propose to take Questions Nos. 384 to 390, inclusive, together.
The Legal Aid Board provides legal aid for representation before the courts for certain civil matters which would include repossession proceedings. Each application is subject to a financial eligibility test where an applicant must have a disposable income, after certain allowances, of less than €18,000 and disposable capital of less that €100,000. The applicant is required to pay a contribution based on their financial circumstances. In addition each application is subject to a merits test under the terms of Section 28 (2) of the Civil Legal Aid Act 1995. Applications for repossession must satisfy this merits test and each case is considered by the Board based on its own particular circumstances. There is also an appeals process. Section 28(2) is comprehensive in its scope and the provisions are in my view reasonable and proportionate.
The Legal Aid Board provides services from the resources available to it from funding from the Department of Justice and Equality, client contributions and costs recovered. The Board operates a waiting list for applicants for legal aid and priority is given to certain categories of cases and in certain circumstances. Repossession cases do not fall within the category of cases where priority is automatically granted however I am informed that Managing Solicitors may grant priority to a case outside of these categories where it is deemed necessary.
Any person who satisfies the means test can seek advice in relation to a repossession problem. Applicants are given legal advice at their consultation with a solicitor; this includes all matters relevant to the particular circumstances of the case. To date in 2015, there are 37 active repossession applications with the Board that have had a first consultation with a solicitor. There were 17 applications for legal aid certificates for repossession in 2014. Of those, 6 were granted legal representation and 11 were refused as they did not satisfy the merits test.
