Dáil Éireann Debate, Wednesday - 30 March 2022
118. Deputy Patrick Costello asked the Minister for Justice if she will reform the current legal process relating to cases concerning international protection, moving to a model of early legal intervention as proposed by an organisation (details supplied). [16923/22]
Amharc ar fhreagraLegal advice and representation, where required, for people in the international protection process in Ireland is provided by the independent Legal Aid Board.
Specific law centres in Dublin, Cork and Galway with solicitors employed by the Board currently include an international protection speciality. The Board operates a mixed model of service delivery to persons seeking international protection in the State. The model involves both the use of in-house staff, including solicitor staff, working in law centres, and the referral of cases to private solicitors on a panel.
Following the enactment of the International Protection Act 2015, and the introduction of the single application procedure, the Board established and maintains a panel of solicitors who are willing to provide services to persons who have been granted legal services by the Board. The panel of solicitors provides advice and/or representation in relation to an application under the 2015 Act for asylum, subsidiary protection and permission to remain; and for all relevant matters covered by the 2015 Act, the Refugee Act 1996 and the Immigration Act 1999.
Since the commencement of the 2015 Act, the Board has committed to providing all of its international protection clients with early legal advice on all aspects of their application. The provision of the Board’s service is consequently front-loaded to the first instance stage of the international protection application (pre-questionnaire and interview).
The Board informs me that international protection clients receive a full information consultation before completing their questionnaire, wherein the key elements of refugee law are set out, their own obligations as applicants are outlined, and the requirements of the questionnaire are explained in full.
Clients are provided with a further consultation pre-interview in which legal advice on the particulars of their claim based on their completed questionnaire is given and submissions are drafted and made to the International Protection Office of my Department.
If required, legal representation may also be provided in relation to an appeal to the International Protection Appeals Tribunal of a recommendation that a person should not be granted asylum or subsidiary protection in the State.
Where necessary, the Board provides for the services of interpreters for the conduct of consultations and the provision of advice and the translation of certain documents.
The Legal Aid Board is included in the work being undertaken by my Department to identify how processing and general supports to applicants in the international protection process can be further enhanced. They will be engaging with my Department to guide future funding considerations as set out in the White Paper to End Direct Provision and to establish a new International Protection Support Service.
Funding of €47.197m has been allocated to the Legal Aid Board for 2022, an increase of 7.5% on the 2021 allocation of €44.575m. This will enable the Board to recruit additional staff and meet other costs to enhance the delivery of all of its services across the country.
