Dáil Éireann Debate, Thursday - 2 March 2017
32. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the way in which a person with limited resources is able to defend themselves in civil matters against a publicly funded institution with its own publicly funded legal supports; and if she will make a statement on the matter. [10979/17]
Amharc ar fhreagraAs the Deputy will be aware, the provision of civil legal aid in the State is delivered through the Legal Aid Board. The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations 1996 to 2016. The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain financial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations.
All applicants for civil legal aid and advice are required to meet both the merits test and the financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2016. The vast majority of applicants granted legal aid and advice are also required to pay some contribution. The minimum amount is €30 for legal advice and a minimum of €130 applies for legal aid, which includes the advice contribution already paid.
It should be noted that the Civil Legal Aid Act provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant.
