Free legal aid allegedly given to person with means of €1m
Kerry Fine Gael TD Brendan Griffin claimed the board failed to investigate the applicant’s means, which include shares and land with substantial valuations.
In order to qualify for legal aid, an applicant’s disposable income cannot exceed €18,000 per annum and disposable capital cannot exceed €320,000.
However, a second party in the case claims to have evidence showing the applicant has shares worth more than €600,000, a farm and other property. The second party also raised the issue with the Legal Aid Board and said they provided evidence of the applicant’s means to the board, before contacting the TD and seeking an investigation.
Raising the issue by means of a Dáil question, Mr Griffin asked Justice Minister Alan Shatter if the Department of Justice would initiate an investigation. He said the issue had been brought to the attention of the Legal Aid Board, but the board had not taken any further action on what he described as “a very serious allegation”.
Mr Shatter, replying, said the Legal Aid Board was independent in the operation of its functions and decisions on individual cases were a matter for the board. He was precluded from exercising any power, or control, in relation to any particular case with which the Legal Aid Board was, or may be, concerned.
“The Legal Aid Board has assured me that it investigates any cases where a client is suspected of providing a false declaration of means. If this is proven, it takes the necessary steps to withdraw legal services from that client,’’ Mr Shatter said.
Meanwhile, a spokesman for board said it did not comment on or reveal details of individual cases.
He also said that if the board was made aware of evidence of cases where incomplete or false declarations were made in applications for legal aid, the law centre where such an application was made would be asked to investigate.
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