Dáil Éireann Debate, Tuesday - 24 July 2018
913. Deputy Kathleen Funchion asked the Minister for Justice and Equality if legal aid can be supplied for test cases being taken in the High Court; and if he will make a statement on the matter. [34012/18]
Amharc ar fhreagraCivil Legal Aid is provided in Ireland by the Legal Aid Board in accordance with the provisions of the Civil Legal Aid Act 1995 ("the Act") as amended. A person may apply for legal aid services in respect of any civil matter except where the matter is excluded under the provisions of the Act.
In the vast majority of cases, applicants must meet financial eligibility requirements. In addition, applications are also required to meet a merits test which is provided for in the Act. The merits test includes such criteria as likelihood of success, the legal basis for taking or defending proceedings, and, in some but not all case types, the costs and benefit associated with pursuing the matter in question by means of civil litigation.
With regard to the taking of a test case, Section 28(9)(a)(vii-viii) of the Act provides that legal aid may not be granted where:
(vii) a matter as respects which the application for legal aid is made in a representative, fiduciary or official capacity and the Board, having regard to any source from which the applicant is or may be entitled to be indemnified in respect of the costs of the proceedings concerned and any resources of the persons who would be likely to benefit from a successful outcome of the proceedings for the applicant, is of opinion that legal aid should not be granted;
(viii) a matter the proceedings as respects which, in the opinion of the Board, are brought or to be brought by the applicant as a member of and by arrangement with a group of persons for the purpose of establishing a precedent in the determination of a point of law, or any other question, in which the members of the group have an interest;
(ix) any other matter as respects which the application for legal aid is made by or on behalf of a person who is a member, and acting on behalf, of a group of persons having the same interest in the proceedings concerned.
In accordance with section 28(9)(d) of the Act, and notwithstanding the above provisions, the fact that other persons may benefit from the outcome of particular proceedings does not prevent a person from applying for and being granted legal aid, providing that he/she is eligible financially and meets the merits test. It is open to any person to seek legal advice services from a Legal Aid Board law centre. It is not possible to state that any particular person will be granted legal aid, or that their specific case is one which will meet the criteria set out in the Act. This is a matter that the Legal Aid Board can decide only after an application is made to it by the person concerned.
