Civil Legal Aid Act 1995

Number 32 of 1995

CIVIL LEGAL AID ACT 1995

REVISED

Updated to 19 June 2025

This Revised Act is an administrative consolidation of the Civil Legal Aid Act 1995. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Residential Tenancies (Amendment) Act 2025 (5/2025), enacted 19 June 2025, and all statutory instruments up to and including the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 3) (Provisional Allowance of Claim) Regulations 2025 (S.I. No. 269 of 2025), made 19 June 2025, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 32 of 1995


CIVIL LEGAL AID ACT 1995

REVISED

Updated to 19 June 2025


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Establishment day.

3.

Establishment of Legal Aid Board.

4.

Membership of Board and terms of office of members.

5.

Functions of Board.

6.

Conferral of additional functions on Board.

7.

General policy directives as to legal aid and advice.

8.

Powers of Board.

9.

Reports of Board.

10.

Chief Executive of Board.

10A.

Accountability of Chief Executive to Public Accounts Committee.

10B.

Accountability of Chief Executive to other Oireachtas Committees.

11.

Staff of Board.

11A.

Appointment of persons to provide family mediation services or training in relation to such services.

12.

Membership of either House of Oireachtas or of European Parliament.

13.

Dissolution of former Board.

14.

Transfer of assets and liabilities of former Board.

15.

Preservation of certain continuing contracts and adaptation of references to former Board.

16.

Saving for certain acts.

17.

Pending legal proceedings.

18.

Advances by Minister to Board.

19.

Legal Aid Fund.

20.

Accounts and audits of Board.

21.

Transfer of staff to Board.

22.

Terms and conditions of staff transferred to the Board.

23.

Superannuation.

24.

General criteria for grant of legal aid and advice.

24A.

Restriction on right to apply for legal aid and advice

25.

Legal advice.

26.

Criteria for obtaining legal advice.

27.

Legal aid.

28.

Criteria for obtaining legal aid.

29.

Financial eligibility and contributions towards cost of legal aid and advice.

30.

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

31.

Selection of solicitor or barrister.

32.

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

33.

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

34.

Measurement of costs incurred by Board.

35.

Refund of costs and damages.

36.

Costs awarded against a person in receipt of legal aid.

36A.

Confidentiality of information disclosed in course of family mediation.

36B.

Guidelines relating to confidentiality of family mediation.

37.

Regulations.

38.

Orders and regulations.

39.

Expenses.

40.

Short title.


Number 32 of 1995


CIVIL LEGAL AID ACT 1995

REVISED

Updated to 19 June 2025


AN ACT TO MAKE PROVISION FOR THE GRANT BY THE STATE OF LEGAL AID AND ADVICE TO PERSONS OF INSUFFICIENT MEANS IN CIVIL CASES. [16th December, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references to Minister for and Department of Equality and Law Reform construed as Minister for and Department of Justice (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.

(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.

4. (1) The functions vested in the Minister for Equality and Law Reform

(a) by or under any of the Acts mentioned in the Schedule to this Order, and

(b) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (S.I. No. 34 of 1993).

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.

...

SCHEDULE

Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.

...

Civil Legal Aid Act, 1995

(No. 32 of 1995)

...

Note that name of Minister for and Department of Justice was changed to:

• Justice, Equality and Law Reform (9.07.1997) by Justice (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 298 of 1997), in effect as per art. 1(2);

• Justice and Law Reform (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2);

• Justice and Equality (2.04.2011) by Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011), in effect as per art. 1(2);

• Justice (1.11.2020) by Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 452 of 2020), in effect as per art. 1(2);

• Justice, Home Affairs and Migration (5.06.2025) by Justice (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 242 of 2025), in effect as per art. 1(2).