I 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.