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Legal Aid Service

Dáil Éireann Debate, Tuesday - 20 October 2020

Tuesday, 20 October 2020

Ceisteanna (526)

Neale Richmond

Ceist:

526. Deputy Neale Richmond asked the Minister for Justice if additional funding will be allocated to legal aid to ensure that those who require legal representation, including those in direct provision, can access it in a timely manner; and if she will make a statement on the matter. [31196/20]

Amharc ar fhreagra

Freagraí scríofa

The Legal Aid Board (LAB) is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 (the “Act”) and the Civil Legal Aid Regulations 1996 to 2017.

Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. There are 30 full time and 12 part-time law centres. Specific law centres in Dublin, Cork and Galway include an international protection speciality. The Board also engages private solicitors to provide services in international protection cases. A substantial portion of the Board’s international protection cases are handled by private practitioners.

Since the commencement of the International Protection Act 2015, the Board is committed to providing all international protection clients with early legal advice on all aspects of their application. They are given a priority appointment with law centre staff or referred to a private practitioner as soon as possible after their application for legal aid is received.

The International Protection Solicitors Panel, which is provided by the Legal Aid Board, plays an important role in providing legal assistance to people making an application for international protection and permission to remain in the State. Solicitors on the Panel provide a range of legal services including assistance with the international protection questionnaire and interview and representation at the International Protection Appeals Tribunal. The service provided by private solicitors on the Board’s panel is intended to be the same service that is provided by a law centre.

Last year, the former Minister for Justice and Equality approved changes to the terms and conditions of the Panel, including a restructuring of fees paid to solicitors. These changes were requested by the Legal Aid Board to take into account practical considerations that had arisen in relation to the operation of the panel, reflecting the Board's experience since the International Protection Act 2015 came into force, and legal developments in the interim. These changes were not occasioned by a reduction in the budget for the Legal Aid Board. They are due to come into effect shortly. These new terms and conditions will not result in delays in the provision of legal services and applicants will continue to receive the same high level of legal assistance.

I am advised that the Legal Aid Board considers that for 2020 and 2021 it has been sufficiently resourced to meet on a priority basis projected demand for legal services for international protection applicants.

Detailed information on civil legal aid services and advice provided to international protection applicants can be found here:

www.legalaidboard.ie/en/our-services/legal-aid-services/services-for-international-protection-applicants/.

As announced in the Budget earlier this week, an increased provision of over €2 million in 2021 will bring total funding of the Legal Aid Board to €44.6 million, a 6% increase. This will enable the Board to recruit additional staff and meet other costs to enhance delivery of its services across the country.

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