1. Presentation to Ballymun Community Law Centre on Civil Legal Aid
John McDaid, Chief Executive, Legal Aid Board
October 2015

2. History of the development of civil legal aid
Airey v Ireland – European Court of Human Rights
Pringle Committee Report
Establishment of a civil legal aid scheme and the Legal Aid Board in 1979
Civil Legal Aid Act 1995

3. Legal Aid Board A statutory body
Consists of a Chairperson and twelve members appointed by the Minister for Justice & Equality
Two must be practising barristers
Two must be practising solicitors
Two members of staff – one administrative and one solicitor

4. Civil legal aid and advice
Civil law – mostly concerned with disputes between persons and/or organisations or in certain circumstances the State
Separate legal aid scheme for the defence of criminal prosecutions

5. Civil legal aid and advice
Legal Advice – advice about a problem. In the form of a consultation with a solicitor, writing letters, negotiations – but not court proceedings
Legal Aid –Providing representation in Court. Can only be done if a legal aid certificate is granted to the person
Note that representation can only be provided in one of the courts mentioned in the Civil Legal Aid Act or a court or Tribunal that is ‘prescribed’ by the Minister

6. Representation in courts and tribunals
The only Tribunal that has been ‘prescribed’ by the Minister to date is the Refugee Appeals Tribunal

7. What the civil legal aid scheme covers
Everything is included unless specifically excluded under the 1995 Act ie:
Defamation
Disputes concerning land (but exemptions to this)
Small Claims Court
Licensing
Conveyancing (unless connected with a matter for which the person received legal aid)
Election petitions
Class actions

8. What the civil legal aid scheme covers
Note that the scheme focuses on the personal benefit to the individual applicant – thus legal aid will not be available for a ‘test’ case unless the personal benefit to the person is such that a grant of legal aid is warranted.

9. Application case types

10. Applying for civil legal aid and advice
A person applying for civil legal aid and advice must complete an application form and return it to any law centre – note that the law centre is the almost exclusive point of entry into the civil legal aid system
There is a separate application form for asylum seekers seeking services in relation to their asylum claim and this is available from law centres dealing with asylum matters
The application form is available on the Board’s website and from its law centres
An applicant must detail his or her weekly income and expenditure and give details of their assets and liabilities

11. Financial criteria
To qualify for civil legal aid and advice a person’s disposable income must be below €18,000 and their disposable capital below €100,000 (excluding family home)
Disposable not gross –there are certain allowances
In relation to income, allowances given for PAYE, PRSI, USC, PRD, spouse, children, accommodation costs, and childcare – note that household bills are not deductible
In relation to capital, deduct loans and allow 10% realisation on non-cash assets.

12. Merits of the case
The merits of the case will be considered prior to granting a legal aid certificate
Considers such matters as
Cost/benefit
Best means of resolving the dispute
‘Reasonably prudent person’ test
Prospects of success
For family law cases the test is modified and the prospects of success and cost / benefit criteria do not apply

13. Cost Civil Legal Aid and Advice is NOT FREE
Person must pay a contribution depending on their gross income and capital
Minimum contributions are usually €30 for advice and €130 for aid
No contribution in childcare cases
Asylum seekers pay €10 for aid/advice, but only in relation to a claim for asylum
At the end of the case full costs can in certain circumstances be recovered (if money or real property is recovered or preserved)

14. Law centres
The main model of delivering civil legal services is through the law centre
Each law centre is a local office comprised of a number of solicitors, paralegal, and administrative staff
One of the solicitors is the Managing Solicitor and has responsibility for managing the centre
There are six law centres in Dublin, two each in Cork and Galway, and one located in every other county (except for Leitrim, Roscommon, and Carlow)

15. Law centres Staffed 9:15 – 17:30
Opening hours to public: 10:00 – 12:30, 14:00 – 16:00
Law centre addresses and contact details are all available on

16. Involving private solicitors
Some civil legal aid cases, particularly those that are heard in the District Family Court, are referred for operational reasons to private solicitors
For a problem that is resolvable in the District Family Court in Dublin, a person should apply to the Board’s office at Dolphin House, East Essex St, Dublin 2 (co-located with the District Family Court)
A person who is issued with a legal aid certificate by the office in Dolphin House can choose a private panel solicitor from the list of those who have signed up to the Board’s panel.

17. Some practical realities
Waiting times for certain services
Aspiration that no person waits longer than four months to see a solicitor
Triage approach –seeks to ensure that the person will receive an early appointment with a solicitor to get legal advice if there is a likelihood that they will have to wait a significant period of time for a full service

18. Specialist services
Child Care Unit in Dolphin House – to assist in dealing with applications to the District Family Court in Dublin by the Child and Family Agency to take children into care or under supervision
Medical Negligence Unit (Montague Court)
Personal Injuries Unit (Smithfield)

19. Specialist services
Three law centres, in addition to their general remit, also provide representation to asylum seekers in the asylum process:
Dublin Smithfield
Cork Popes Quay
Galway Seville House
Formerly a separate law centre known as the Refugee Legal Service (RLS) – you may sometimes hear this term still being used informally to refer to the Board’s service for asylum seekers

20. Specialist services
This is a free legal advice service provided out of Smithfield Law Centre to persons who may potentially have been the victims of human trafficking
Referrals from Garda National Immigration Bureau only

21. Specialist services
The Board may provide civil legal aid and advice to one member of a deceased’s family at certain inquests
Referral is by the Coroner to the Board
Service is provided by private solicitors
No role for law centres

22. Family mediation
Mediation is a service to help couples who have decided to split up, or who have already separated, to negotiate their own terms of agreement, taking into account the needs and interests of all involved. It may also assist parents who have a child but were not in a long term relationship.
Mediation allows people to make their own decisions and the role of the mediator is to act as a facilitator for the parties
Mediation is NOT
Marital counselling
Legal advice

23. The role of a mediator
The mediator sees the parties together and identifies the issues in dispute
The mediator seeks to create a climate in which neither party dominates and in which both parties participate fully in good faith in an atmosphere of co-operation
The mediator seeks to help the parties deal with difficult emotional issues that can prevent them reaching agreement
The mediator seeks to help the parties reach agreement that they both find acceptable

24. Family mediation - delivery
The service is free and not means tested
Delivery is through 17 family mediation offices (ref for details)
There is a dedicated family mediation office co-located with the District Family Court in Dublin
The Board is piloting in certain locations, mandatory information about family mediation as a prior requirement in order to be granted a legal aid certificate for court proceedings

25. Criminal legal aid
This scheme assists people who have been charged with a criminal offence
Criminal legal aid is granted by the Court
No formal means test, but applicant must make a statement of means to the judge
The Board administers some smaller ad hoc criminal legal aid schemes

26. Wrap up
Other civil legal service providers e.g, Mental Health Commission
Getting feedback about the Board’s services
Questions?