CIVIL LEGAL AID ACT, 1995

• (b) in the case of a person in receipt of legal aid, revoke the legal aid certificate or increase the amount of the contribution payable by the person under this section, and

• (c) in the case of a person in receipt of legal advice, cease to grant such legal advice or increase the amount of the contribution which would otherwise be payable by the person under this section.

• (7) If, in the opinion of the Board, an applicant, with intent to reduce his or her disposable income or disposable capital, has directly or indirectly deprived himself or herself of any resources for the purpose of qualifying for legal aid or advice under this Act, the resources of which he or she has so deprived himself or herself will be treated as part of his or her resources.

• (8) In this section—

“capital”, in relation to an applicant, means the value of every resource of a capital nature and shall include such matters as may be specified by the Minister in regulations under section 37 (2) (c);

“disposable capital”, in relation to an applicant, means the amount of his or her capital after making such deductions and allowances as may be specified by the Minister in regulations under section 37 (2) (c);

“disposable income”, in relation to an applicant, means his or her income after making such deductions and allowances as may be specified by the Minister in regulations under section 37 (2) (c); and

“income”, in relation to an applicant, means the income which he or she may reasonably expect to receive from all sources during the year succeeding the date of application but shall, in the absence of what the Board considers to be a satisfactory means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of application and shall include such matters as may be specified by the Minister in regulations under section 37 (2) (c) or such income as is ascertained by the Board to be the income in accordance with regulations under section 37 (2) (c).

30. Location of law centres and provision of legal aid and advice.

30.—(1) The Board may make legal aid and advice available through centres, to be known as law centres, established by it under this section with the consent of the Minister or established or used by the former Board for the provision of services under the Scheme, or through solicitors or barristers whose names are entered on panels established and maintained by it under subsection (3).

• (2) Subject to the other provisions of this Act, a person shall be entitled to apply for legal aid or advice through any law centre irrespective of his or her place of residence.

• (3) The Board may establish and maintain—

• (a) a panel (to be known as “the solicitors' panel”) containing a list of names of solicitors who are willing to provide legal aid and advice, and

• (b) a panel (to be known as “the barristers' panel”) containing a list of names of barristers who are willing to provide legal aid and advice,

on such terms and conditions as the Board may, with the consent of the Minister and the Minister for Finance, from time to time determine.

• (4) Any solicitor or barrister who is prepared to comply with the terms and conditions referred to in subsection (3) shall be entitled to have his or her name included on the appropriate panel unless his or her conduct when providing or selected to provide legal aid or advice or his or her professional conduct generally render him or her unsuitable, in the opinion of the Board, to provide such aid or advice.

• (5) Where a solicitor is entered on the solicitors' panel on behalf of a firm of solicitors he or she shall, when providing legal aid or advice, be deemed to do so on behalf of the firm.

• (6) Any law centre may provide legal aid or advice to more than one party to a dispute provided that each such party is represented by a separate solicitor and, where appropriate, barrister.

• F49[(6A) Where the Board has granted a person a legal aid certificate for proceedings in any court or before any tribunal prescribed by the Minister under section 27(2), then, notwithstanding any enactment (including any provision of this Act), any statutory instrument made under any enactment, or any rule of law, the proceedings shall, in so far as they relate to the solicitor for any party to the proceedings pursuant to the certificate, be issued in—

• (a) the name of the law centre concerned where the law centre is responsible for providing the legal aid concerned,

• (b) in any other case, the name of the solicitor or firm of solicitors responsible for providing the legal aid concerned.]

• (7) All communications and notices in any proceedings in respect of which legal aid is being granted F50[shall] be addressed to the law centre responsible for providing the legal aid concerned.

31. Selection of solicitor or barrister.

31.—(1) The Board shall, upon deciding to grant legal aid or advice to a person, nominate a solicitor of the Board for the purpose of providing such person with such legal aid or advice, or refer the person to the solicitors' panel to select a solicitor therefrom, which solicitor shall, upon selection, be engaged by the Board for the said purpose under section 11.

• (2) The Board may, having taken into account the views of the person to whom it has decided to grant legal aid or advice, nominate any barrister whose name is entered on the barristers' panel for the purpose of providing such person with such legal aid or advice as the Board considers should necessarily be provided by a barrister in the circumstances, and the barrister so nominated shall, subject to subsection (3), be engaged by the Board under section 11 for the said purpose on the instructions of the solicitor nominated by the Board in the matter under subsection (1) or engaged by the Board in the matter under section 11.

• (3) Where a person to whom the Board has decided to grant legal aid or advice wishes to be provided with the services of—

• (a) a solicitor other than one nominated by the Board pursuant to subsection (1), or

• (b) a barrister other than one nominated by the Board pursuant to subsection (2),

that person may make an application to the Board in that regard and, if the Board considers that the person's wish is reasonable in all the circumstances, it may consent to the application and, as may be appropriate, nominate such other solicitor for the purpose under subsection (1) or engage such other solicitor or barrister for the purpose under section 11.

• (4) Where a person to whom the Board has decided to grant legal aid or advice has—

• (a) accepted the nomination of a solicitor or selected a solicitor from the solicitors' panel pursuant to subsection (1) or been granted the services of a solicitor pursuant to an application under subsection (3), or

• (b) accepted the nomination of a barrister pursuant to subsection (2) or been granted the services of a barrister pursuant to an application under subsection (3),

the person may apply to the Board to have the services of that solicitor or barrister dispensed with and the services of another solicitor of the Board or solicitor from the solicitors' panel or, as may be appropriate, barrister from the barristers' panel obtained in the matter and where the Board considers it reasonable in all the circumstances, it may consent to the application.

• (5) Where the Board consents to an application under subsection (3) or (4), the additional expense (if any) occasioned by the person or the Board by so doing shall be borne by the applicant, unless the Board considers that it is reasonable in all the circumstances that such expense be borne by the Fund.

• (6) A solicitor nominated by the Board or engaged by the Board for the purpose of providing a person with legal aid or advice may, at his or her discretion, nominate another solicitor, being a solicitor who is qualified to provide legal aid or advice, to act as his or her agent in the matter or in any aspect thereof.

32. Relationship between lawyer and person in receipt of legal aid or advice.

32.—(1) Save as is otherwise specifically provided for by this Act, the relationship between a solicitor or barrister and an applicant for, or a person in receipt of, legal aid or advice and the rights and privileges arising out of such relationship shall be the same as the relationship between, and the rights and privileges arising out of the relationship between, a solicitor or barrister and his or her client not being an applicant for, or a person in receipt of, legal aid or advice.

• (2) Notwithstanding the relationship between, or rights and privileges of, a solicitor or barrister and an applicant for, or person in receipt of, legal aid or advice, a solicitor or barrister providing legal aid or advice shall, if so requested by a person authorised in that behalf by the Board, provide the person with any information, in such form as the person may specify, relating to legal aid or advice provided to or by an applicant or person in receipt of legal aid or advice, which is required by the Board for the purpose of enabling the Board to discharge its functions under this Act.

33. Costs recoverable by or on behalf of a person in receipt of legal aid or advice.

33.—(1) In this section “costs” includes all outlays including solicitors' and witnesses' costs and expenses and barristers' fees.

• (2) A court or tribunal shall make an order for costs in a matter in which any of the parties is in receipt of legal aid in like manner and to the like effect as the court or tribunal would otherwise make if no party was in receipt of legal aid and all parties had respectively obtained the services of a solicitor or barrister or both, as appropriate, at their own expense.

• (3) Subject to subsection (8), an applicant for legal aid or advice shall take all possible steps to ensure that any right he or she possesses to be indemnified either in whole or in part in respect of expenses which would, but for this Act, be required to be incurred by him or her in the matter, will, in respect of expenses incurred by the Board on his or her behalf in the matter and not yet reimbursed to the Board, inure for the benefit of the Fund.

• (4) A solicitor of the Board nominated for the purpose or a solicitor engaged by the Board under section 11 to provide legal aid or advice to a person in a matter shall take all necessary steps to recover any costs recoverable by such person whether by order of any court or tribunal or by virtue of any settlement reached to avoid or bring an end to any proceedings or otherwise, and shall pay any costs so recovered into the Fund.

• (5) A person in receipt of legal aid or advice under this Act shall not agree with any party not so in receipt to forego any costs or to meet any costs of any such party or to accept any sum in satisfaction of his costs or the costs of the Board in the matter, save with the prior approval of the Board, and the Board may make it a condition of such approval that any or all of its costs shall be paid out of any property or sum recovered by the said person by virtue of the agreement.

• (6) The Board shall be entitled to recover the costs incurred by it in providing legal aid or advice and the amount of costs recoverable by the Board under this section shall be such sum as may be determined by the Board having regard to section 34 or, in default of agreement between the person in receipt of the legal aid or advice and the Board, be—

• (a) in the case of a person in receipt of legal aid, such sum as may, at the discretion of the court or tribunal concerned, either be—

• (i) measured by the court or tribunal in accordance with section 34, or

• (ii) determined by the Taxing Master—

• (I) in accordance with the rules (if any) of the court or tribunal concerned, and

• (II) in the absence of any such rules, as solicitor or client costs,

and

• (b) in the case of a person in receipt of legal advice, such sum as may be determined by the Taxing Master as solicitor and client costs.

• (7) Subject to subsection (8), any general damages or any money (including costs) or other property recovered by or preserved for a person in receipt of legal aid or advice in a matter, or on his or her behalf, by the Board, whether by order of any court or tribunal or by virtue of any settlement reached to avoid or bring an end to any proceedings or otherwise, shall, in the case of general damages or money be paid by the person or the Board into the Fund and in the case of other property be made by the person or the Board subject to an appropriate charge in favour of the Fund for the purpose of the recovery by the Board of its costs in providing such legal aid or advice.

• F51[(7A) Where a legal aid certificate has been granted to an applicant who is a relevant person who does not satisfy the criteria in respect of financial eligibility specified in section 29, the Board may seek to recover some or all of the costs of providing the legal aid to the relevant person concerned.]

• F52[(7B) Where a legal aid certificate has been granted to an applicant who is a ward who does not satisfy the criteria in respect of financial eligibility specified in section 29, the Board may seek to recover some or all of the costs of providing the legal aid to the ward concerned.]

• (8) The Board—

• (a) shall waive any right to any money or other property to which it is entitled under this section, to the extent that such money or other property consists of—

• (i) a house or portion thereof (including normal household chattels) being the normal place of residence of the recipient of legal aid or advice concerned,

• (ii) a periodical or lump sum payment of maintenance,

• (iii) the first £2,500 of any moneys payable by way of arrears of maintenance under an agreement in writing or order of any court, or

• (iv) the first £2,500 of any moneys payable by way of arrears or lump sum under the Social Welfare Acts, the Health Acts, 1947 to 1994, the Unfair Dismissals Acts, 1977 to 1993, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, the Employment Equality Act, 1977, the Anti-Discrimination (Pay) Act, 1974, or the Redundancy Payments Acts, 1967 to 1991,

and

• (b) may, in whole or in part, waive any right to any money or other property to which it is entitled under this section if, in the opinion of the Board, not to do so would be likely to create hardship for the recipient of legal aid or advice concerned.

• (9) The Minister may, with the consent of the Minister for Finance, by order vary the amounts specified in subparagraphs (iii) and (iv) of subsection (8) (a).

34. Measurement of costs incurred by Board.

34.—The Board or the court or tribunal concerned may, when measuring the costs incurred by the Board in connection with the provision of legal aid or advice in any case, take into account all factors relevant to assessing the actual costs, including the following matters—

• (a) the time devoted to the case and the salaries, fees and other expenses paid to the staff of the Board and to any solicitor or barrister engaged by the Board to provide legal aid or advice in the matter,

• (b) any other administrative expenses including the cost of accommodation, stationery, photocopying and telephone expenses,

• (c) any fees or expenses incurred in obtaining reports,

• (d) witnesses' expenses, and

• (e) any charges payable by way of court fees or otherwise.

35. Refund of costs and damages.

35.—Subject to section 33 (8), if the total cost incurred by the Board in providing legal aid or advice to a person under this Act measured in accordance with section 34 or taxed by order of the court or tribunal concerned in accordance with the rules of the court or tribunal or, as appropriate, determined by the Taxing Master as solicitor and client costs is less than the total amount paid into the Fund by him or her or on his or her behalf—

• (a) by way of a contribution under section 29, and

• (b) by way of a payment made or charge created in accordance with the provisions of section 33 (7),

the balance arising shall be refunded to him or her.

36. Costs awarded against a person in receipt of legal aid.

36.—(1) Costs awarded by a court or tribunal to a person not in receipt of legal aid (referred to subsequently in this section as “the successful litigant”) against a person who is so in receipt (referred to subsequently in this section as “the unsuccessful litigant”) shall not, save in accordance with subsection (2), be paid out of the Fund.

• (2) Where a successful litigant submits a bill of costs to the Board, the Board may make an ex gratia payment towards such costs of such amount as it considers appropriate, if it is satisfied of the following matters, namely that—

• (a) the proceedings were instituted by the unsuccessful litigant,

• (b) the successful litigant has taken all reasonable steps to recover his or her costs from the unsuccessful litigant in person,

• (c) the successful litigant will suffer severe financial hardship unless an ex gratia payment is made,

• (d) the ex gratia payment will not exceed the amount that would be allowed if the costs were taxed on a party and party basis, and

• (e) the case has been finally determined.

36. F53[Confidentiality of information disclosed in course of family mediation.

36A.—(1) Any communication (including any record of such communication) between any of the parties to a family mediation provided by the Board or provided by other persons appointed for that purpose by the Board under this Act, and a third party, including a mediator, for the purposes of attempting to reach agreement relating to such of the following matters as relate to the parties to the mediation—

• (a) a separation,

• (b) a divorce,

• (c) a dissolution of a civil partnership,

• (d) payment of maintenance,

• (e) an order of a court or an agreement relating to guardianship or custody of a child, or to parental access to a child, shall not be disclosed and shall not be admissible as evidence in any court.

• (2) Subsection (1) is in addition to and not in substitution for any other statutory provision.

• (3) Nothing in this section shall prevent a party who is engaged in or who engaged in a family mediation communicating the progress made in that mediation to his or her solicitor and obtaining legal advice in relation to the matters the subject of the mediation.]

36. F54[Guidelines relating to confidentiality of family mediation.

36B.—(1) The Board shall, with the consent of the Minister, make guidelines with the objective of preventing the disclosure of communications referred to in section 36A.

• (2) Guidelines made under subsection (1) shall include provisions relating to—

• (a) the utilisation of premises for the purposes of family mediation services other than the premises where the solicitor of the Board is usually located who is acting for a person who has been issued with a legal aid certificate under section 29 and who is a party to a family mediation provided by the Board or a person appointed by it, and

• (b) the regular training of staff and officers of the Board and of persons appointed by the Board to provide family mediation services regarding the need to maintain confidentiality of communications made in connection with a family mediation.]

37. Regulations.

37.—(1) The Minister may make such regulations as are necessary for the purpose of giving effect to this Act.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may—

• (a) make provision as to the manner of making applications for legal aid or advice under this Act, the consideration and processing of such applications by the Board, the grant of legal advice and the cesser of the grant thereof by the Board and the issue, amendment and revocation of legal aid certificates by the Board (including the issue of emergency certificates);

• (b) prescribe the maximum amount of disposable income which a person is entitled to earn and the maximum amount of disposable capital which a person is entitled to possess in order that he or she may be eligible to obtain legal aid or advice;

• (c) make provision for the assessment by the Board or its staff of the means, income, disposable income, capital and disposable capital of applicants, the contributions payable by applicants, the waiving of contributions and the acceptance of lower contributions from applicants;

• (d) make provision as to the information to be furnished by a person applying for or in receipt of legal aid or advice;

• (e) make provision for the establishment, location and management of law centres by the Board;

• (f) make provision as to the cases or the circumstances in which an applicant may be refused legal aid or advice by the Board and for the review of decisions by the Board on appeals therefrom;

• F55[(fa) make provision as to the conditions relating to the provision of family mediation services by the Board;

• (fb) prescribe fees or charges which may be charged by the Board in relation to the provision of family mediation services, which regulations may prescribe different fees or charges in relation to different classes of persons or different classes of cases;]

• F56[(fc) make provision for the mechanism for recovery of the costs referred to in section 33(7A);]

• F57[(fd) make provision for the mechanism for recovery of the costs referred to in section 33(7B);]

• F58[(fe) make provision as to the conditions relating to the provision of legal counselling by the Board;]

• (g) make provision as to the duties of solicitors of the Board;

• (h) make provision as to the refund of costs to persons in receipt of legal aid or advice;

• (i) prescribe the conditions under which legal aid and advice shall be available;

• (j) make provision for such other matters arising by virtue of this Act as the Minister considers appropriate.

• F55[(3) Regulations made pursuant to subsection (2)(fb) shall not prescribe fees or charges in relation to the provision of family mediation services where the parties to the mediation had agreed to enter such mediation before the coming into operation of section 50 of the Civil Law (Miscellaneous Provisions) Act 2011.]

38. Orders and regulations.

38.—(1) Every order or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (2) The Minister may by order, amend or revoke an order made under this Act, including an order made under this subsection.

39. Expenses.

39.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

40. Short title.

40.—This Act may be cited as the Civil Legal Aid Act, 1995.