Civil Legal Aid Act , 1995

1. Interpretation.

1.—(1)In this Act, unless the context otherwise requires—

“the Act of 1956” means the Civil Service Regulation Act, 1956;

“the Act of 1977” means the European Assembly Elections Act, 1977;

F1["applicant" means, subject tosubsection (1A), a person who makes an application for legal aid or advice, or both;]

“application” means an application for legal aid or advice or both;

“the Board” means the Legal Aid Board established by section 3;

“certificate” means a civil legal aid certificate issued by the Board under section 28 authorising the grant of legal aid to the person to whom the certificate relates;

“Chief Executive” shall be construed in accordance with section 10;

“civil servant in the Civil Service of the Government” means a person holding a position in the Civil Service of the Government;

“civil servant in the Civil Service of the State” means a person holding a position in the Civil Service of the State;

“contribution” means the financial contribution payable by an applicant towards the cost of providing legal aid or advice, in accordance with section 29;

“designated matters” has the meaning assigned to it by subsection (9) (a) of section 28;

F2["family mediation services" means services designed to assist persons involved in the process of seeking—

(i) a separation,

(ii) a divorce,

(iii) a dissolution of a civil partnership,

(iv) payment of maintenance,

(v) an order of a court or an agreement relating to guardianship or custody of a child, or to parental access to a child,

to reach agreement relating to some or all of such matters as relate to the persons concerned;]

“employed” means employed under a contract of service or apprenticeship;

“former Board” means the Legal Aid Board appointed under section 2.1 of the Scheme;

“the Fund” means the Legal Aid Fund provided for in section 19;

“law centre” has the meaning assigned to it by section 30;

“legal advice” has the meaning assigned to it by section 25;

“legal aid” has the meaning assigned to it by section 27;

“the Minister” means the Minister for Equality and Law Reform;

“officer of the Board” means a person (other than a solicitor's apprentice or a solicitor of the Board in respect of whom an order under section 11 (5) (a) is not in force) employed by the Board;

“recognised trade unions and staff associations” means trade unions and staff associations recognised by the Board or former Board for the purpose of negotiations which are concerned with the remuneration, conditions of employment or working conditions of officers of the Board and employees of the Board;

F3["relevant person" has the meaning it has in the Assisted Decision-Making (Capacity) Act 2015;]

“Scheme” means the “Scheme of Civil Legal Aid and Advice” laid by the Minister for Justice before each House of the Oireachtas in the month of December, 1979, as amended;

“solicitor of the Board” means a solicitor employed by the Board;

“staff of the Board” means officers of the Board and solicitors of the F4[Board;]

F5[“ward” has the meaning it has in Part 6 of theAssisted Decision-Making (Capacity) Act 2015.]

F6[(1A) A person in respect of whom a request for legal aid or advice, or both, has been made by a coroner to the Board pursuant to section 60 of theCoroners Act 1962shall be deemed to be an applicant for the purposes of this Act.]

(2)(a)In this Act a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended.

(b)In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

2. Establishment day.

2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

3. Establishment of Legal Aid Board.

3.—(1)On the establishment day there shall stand established a board to be known as An Bord um Chúnamh Dlíthiúil or, in the English language, the Legal Aid Board, and in this Act referred to as “the Board”, to perform the functions conferred on it by this Act.

(2)The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land or rights over or in respect of land and to acquire, hold and dispose of any other property.

(3)The Board shall, subject to the provisions of this Act, be independent in the exercise of its functions.

4. Membership of Board and terms of office of members.

4.—(1)The Board shall consist of a chairperson and 12 ordinary members, who shall be appointed to be members of the Board by the Minister and who, subject to the provisions of this section, shall hold and vacate office upon such terms and conditions as the Minister, with the consent of the Minister for Finance, may determine.

(2)(a)The Minister shall from time to time as occasion requires appoint a member of the Board to be chairperson thereof.

(b)Where the chairperson of the Board ceases during his or her term of office as such chairperson to be a member of the Board, he or she shall thereupon also cease to be chairperson of the Board.

(c)The chairperson of the Board shall, unless he or she sooner dies, resigns, becomes disqualified or is removed from office as chairperson, hold office as such chairperson until the expiration of his or her term of office as a member of the Board but, if he or she is re-appointed as a member of the Board, he or she shall be eligible for re-appointment as chairperson of the Board.

(3)(a)In appointing persons to be members of the Board, the Minister shall have regard to the desirability of their having knowledge or experience of the law, the practice and procedure of the Courts, business, finance, management and administration, consumer or social affairs, or of any other subject, which would, in the opinion of the Minister, be of assistance to the Board in the performance of its functions.

(b)Of the members of the Board—

(i)2 shall be barristers who have been engaged in practice as such for a period of not less than 7 years prior to their appointment as such members, and if either such member ceases during his or her term of office as such to be a practising barrister, he or she shall thereupon cease to be a member of the Board,

(ii)2 shall be solicitors who have been engaged in practice as such for a period of not less than 7 years prior to their appointment as such members and, if either such member ceases during his or her term of office as such to be a practising solicitor, he or she shall thereupon cease to be a member of the Board,

(iii)2 shall be members of the staff of the Board,

(iv)not less than 5 shall be men, and

(v)not less than 5 shall be women.

(4)(a)The term of office of a member of the Board shall be not more than 5 years and no person shall be appointed a member of the Board for more than 2 terms.

(b)Each member of the Board shall act on a part-time basis save where the Minister, on being satisfied that it is necessary to do so in the interest of the proper functioning of the Board and with the consent of the Minister for Finance, appoints any such member or members to act on a full-time basis.

(c)Each member of the Board shall be paid, out of the Fund, such remuneration (if any), superannuation benefits and allowances for expenses as the Minister with the consent of the Minister for Finance, may, from time to time determine.

(d)A member of the Board may at any time resign his or her office as a member by letter addressed to the Minister and the resignation shall take effect as and from the date on which the Minister receives the letter.

(e)The Minister may at any time remove a member of the Board from office who, in the opinion of the Minister, has become incapable through ill-health of effectively performing his or her functions or has committed stated misbehaviour or whose removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(5)(a)If a member of the Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned.

(b)Subject to the other provisions of this section, a person appointed to be a member of the Board by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment for one further term as a member of the Board.

(6)The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

(7)The Minister may fix the date, time and place of the first meeting of the Board.

(8)The quorum for a meeting of the Board shall be 5 or such other number (not being less than 5) as the Board may from time to time determine.

(9)At a meeting of the Board—

(a)the chairperson of the Board shall, if present, chair the meeting, and

(b)if and so long as the chairperson is not present or if the office of chairperson of the Board is vacant, the members of the Board who are present shall choose one of their number to chair the meeting.

(10)The chairperson of the Board and each ordinary member of the Board present at a meeting thereof shall have a vote.

(11)Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the Board or, in the absence of the chairperson, the member chosen to chair the meeting shall have a second or casting vote.

(12)The Board, and any committee appointed by the Board, may act notwithstanding one or more than one vacancy among its members.

(13)Subject to the provisions of this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

(14)The Board shall, as soon as may be after its establishment, provide itself with a seal.

(15)The seal of the Board shall be authenticated by the signature of its chairperson, or another member of the Board authorised by it to act in that behalf and by the signature of an officer of the Board authorised by it to act in that behalf.

(16)Judicial notice shall be taken of the seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with subsection (15)) of the Board shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

5. Functions of Board.

5.—F7[(1) The principal functions of the Board shall be:

(a) to provide, within the Board’s resources and subject to the other provisions of this Act—

(i) legal aid and advice in civil cases to persons who satisfy the requirements of this Act, and

(ii) a family mediation service;

(b) where the Board considers it necessary or expedient to do so to make arrangements for the provision of—

(i) family mediation services on its behalf by the engagement of persons appointed by it for that purpose, and

(ii) training in family mediation, either by itself or by persons appointed by it for that purpose.]

(2)The Board shall, to such extent and in such manner as it considers appropriate, disseminate, for the benefit of those for whom its services are made available, information in relation to those services and their availability.

(3)The Board may perform any of its functions through any of its members or any member of its staff duly authorised by the Board in that behalf.

6. Conferral of additional functions on Board.

6.—The Minister may, with the consent of the Minister for Finance, by order, assign to the Board such additional functions as the Minister considers to be incidental to or consequential on the functions assigned to it by this Act.

7. General policy directives as to legal aid and advice.

7.—(1)The Minister may, by order, from time to time as occasion requires, issue to the Board such general directives as to policy in relation to legal aid and advice as he or she considers necessary.

(2)The Board shall, in performing its functions, comply with any directive under this section.

(3)Nothing in this Act shall be construed as enabling the Minister to exercise any power or control in relation to any particular case with which the Board is or may be concerned.

8. Powers of Board.

8.—Subject to the provisions of this Act, the Board may do anything which it considers necessary or expedient for enabling it to perform its functions under this Act.

9. Reports of Board.

9.—(1)Not later than the 30th day of September in each year, the Board shall make a report to the Minister, in such form as he or she may approve, of its activities during the preceding year.

(2)The Board—

(a)shall, at the request of the Minister, supply him or her with such information relating to the performance of its functions as the Minister may from time to time specify, and

(b)may supply him or her with such information or advice so relating as it considers appropriate.

(3)The Minister shall cause a copy of every report received by him or her under subsection (1) to be laid before each House of the Oireachtas.

10. Chief Executive of Board.

10.—(1)There shall be a chief executive officer of the Board (in this Act referred to as “the Chief Executive”) who shall be appointed as such by the Minister on the recommendation of the Civil Service Commissioners and who shall, upon such appointment, be a civil servant in the Civil Service of the State.

(2)The Chief Executive shall perform such functions as may be assigned to him or her by the Board under this subsection.

(3)Such functions of the Chief Executive assigned to him or her under subsection (2) as may be specified by the Chief Executive from time to time may, with the consent of the Board, be performed by such member of the staff of the Board as may be authorised in that behalf by the Chief Executive.

(4)The functions of the Chief Executive assigned to him or her under subsection (2) may be performed during his or her absence or when the post of chief executive is vacant by such of the staff of the Board as may from time to time be designated for that purpose by the Board.

10. F8[Accountability of Chief Executive to Public Accounts Committee.

10A.—(1) The Chief Executive shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Board is required by this Act to prepare,

(b) the economy and efficiency of the Board in the use of its resources,

(c) the systems, procedures and practices employed by the Board for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Board referred to in a special report of the Comptroller and Auditor General undersection 11(2)of theComptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified inparagraph (a),(b)or(c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the objectives of such a policy.]

10. F9[Accountability of Chief Executive to other Oireachtas Committees.

10B.—(1) In this section, "Committee" means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than a Committee referred to insection 10Aor the Committee of Members’ Interests of Dáil Éireann or the Committee of Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject tosubsection (3), the Chief Executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Board.

(3) The Chief Executive shall not be required to give account before a Committee in relation to any individual case with which the Board is concerned in the performance of its functions undersection 5.

(4) Where the Chief Executive is of the opinion that a matter in respect of which the Chief Executive is requested to give an account before a Committee is a matter to whichsubsection (3)applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the Chief Executive is before it, the information shall be so conveyed in writing.

(5) Where the Chief Executive has informed a Committee of his or her opinion in accordance withsubsection (4)and the Committee does not withdraw the request referred insubsection (2)in so far as it relates to a matter the subject of that opinion—

(a) the Chief Executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to whichsubsection (3)applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court may determine the matter.

(6) Pending the determination of an application undersubsection (5), the Chief Executive shall not attend before the Committee to give account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to whichsubsection (3)applies, the Committee shall withdraw the request referred to insubsection (2), but if the High Court determines thatsubsection (3)does not apply, the Chief Executive shall attend before the Committee to give account for the matter.]

11. Staff of Board.

11.—(1)Subject to section 10, the Board may appoint such number of persons to the staff of the Board as may be approved of by the Minister with the consent of the Minister for Finance.