Dáil Éireann Debate, Tuesday - 17 February 2026
949. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No. 800 of 4 February 2026, if he will request the Legal Aid Board to provide the number of internal audits conducted since 2020 with respect to its centres at locations (details supplied); if in the interest of transparency the Legal Aid Board will publish these audits; and if he will make a statement on the matter. [12845/26]
View answer950. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No. 800 of 4 February 2026, to confirm that there is no specific reference to international protection or prevention of abuse of the system of any part of the legal aid provision in either the Performance Delivery Agreement 2025 or the Oversight Agreement 2023-2025; and if he will make a statement on the matter. [12846/26]
View answer951. Deputy Carol Nolan asked the Minister for Justice, Home Affairs and Migration further to Parliamentary Question No. 800 of 4 February 2026, the number of international protection applications to the Legal Aid Board for each of the past five years; the number of applicants who paid a contribution as required under the Legal Services International Protection and Permission to Remain application document and as outlined in in S.l. No. 346 of 2013 - Civil Legal Aid Regulations 2013, which amends the Civil Legal Aid Regulations 1996; the number of applicants whose contribution was waived and under what basis the waiver was granted; the total amount of monies that were received by the Legal Aid Board from this specific regulation and how was that money used; and if he will make a statement on the matter. [12847/26]
View answerI propose to take Questions Nos. 949, 950 and 951 together.
The Legal Aid Board (LAB) is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means. This includes the provision of legal aid and advice to international protection applicants.
International protection applicants who meet the financial eligibility criteria can avail of the services of LAB. The Legal Aid Board:
• provides legal assistance and advice in respect of their application.
• advises applicants in relation to the completion of their International Protection Questionnaire (if not already completed) including any grounds that the applicant may wish to set out for the purpose of requesting that the Minister should give them permission to remain in the State.
• assists the applicant in the preparation for the international protection interview and in preparing any written representations to the Minister.
• in the case of a negative recommendation on their application, provides representation for the applicant in any appeal they may take to the International Protection Appeals Tribunal (IPAT).
Detailed information on civil legal aid services and advice provided to international protection applicants can be found on the Legal Aid Board website at: [www.legalaidboard.ie/our-legal-aid-service/how-we-can-help-you/international-protection/]
There are several oversight measures in place to ensure the appropriate operation of the system and the Legal Aid Board strictly operates in accordance with the provisions of the Civil Legal Aid Act 1995 together with the Civil Legal Aid Regulations 1996-2021.
The Annual Performance Delivery Agreement between the Legal Aid Board and my Department sets out the specific objectives, outputs, priorities, and performance indicators to be delivered by the Legal Aid Board in a given year, within its approved funding. It provides a structured basis for monitoring delivery, accountability for public expenditure, and alignment with Government and Departmental priorities, while respecting the Board’s statutory independence.
The Oversight Agreement defines the governance and accountability framework between the Department and the Legal Aid Board. Its purpose is to clarify roles, responsibilities, reporting arrangements, and assurance mechanisms, ensuring effective oversight, transparency, and compliance with public sector governance requirements, without encroaching on the Board’s operational or decision-making independence. The Deputy will see that both of these agreements are published on my Department’s website.
The Legal Aid Board operates a layered system of oversight combining statutory eligibility controls, defined service scope, panel management, financial audit, and cost-recovery powers, supplemented by the aforementioned formal governance and performance oversight from my Department. In the area of international protection, dedicated service structures, client obligations, and inter-agency coordination provide additional safeguards to ensure that legal aid is used appropriately, proportionately, and in accordance with law, while protecting access to justice for those entitled to it.
I am informed that the Legal Aid Board operates a comprehensive and risk-based internal audit programme, approved by its Audit and Risk Committee, which provides independent assurance across all aspects of service delivery and corporate support functions, including financial management, governance, controls, compliance, and value for money. Findings and recommendations arising from internal audit are systematically tracked, reported to senior management and the Board, and are subject to formal follow-up to ensure timely implementation.
In addition to its internal assurance framework, the Legal Aid Board is subject to regular and robust external scrutiny. Its annual financial statements are audited by the Comptroller and Auditor General, with the results reported to the Oireachtas, and the Board engages fully with the Public Accounts Committee as required. The Board is also subject to regular external audits by my Department.
Taken together, these layered arrangements provide a strong and integrated system of assurance, ensuring transparency, accountability for public funds, and compliance with statutory and governance requirements, while supporting continuous improvement across the organisation.
The table below shows the number of internal audits conducted since 2020.
|
2020 |
2021 |
2022 |
2023 |
2024 |
2025 |
2026* |
|
12 |
8 |
19 |
23 |
10 |
11 |
4 (ongoing) |
*to 13 February 2026
The table below shows the total number of applications for legal services related to international protection from 2021 to 2025. The Legal Aid Board has noted that they generally do not provide legal aid services for judicial review proceedings.
|
Year |
Applications for legal services for international protection |
|
2021 |
1,464 |
|
2022 |
6,858 |
|
2023 |
9,918 |
|
2024 |
11,689 |
|
2025 |
8,534 |
The Legal Aid Board have indicated that 2,024 applicants for services related to their application for international protection paid a contribution in 2025. The total amount collected in contributions from applicants for international protection in 2025 was €20,240. The Legal Aid Board have confirmed that income from all sources, including all client contributions, is used together with its grant in aid from the Department, for general service delivery.
In 2025, 7,382 applicants were granted a waiver of their contribution. Please note that there is not a direct correlation between the year an application was made and the year a decision was made on whether to grant a waiver.
The Legal Aid Board has indicated that, under the provisions of Section 29 (2) (b) of the Civil Legal Aid Act 1995 (as amended by Section 80 of the Civil Law (Miscellaneous Provisions) Act 2008) it is open to the Board to waive legal aid contributions in certain circumstances.
The Legal Aid Board has indicated that every application for a waiver of a financial contribution must be considered on its own merits and will generally only be granted in circumstances where it is considered that it is appropriate to grant a waiver in those particular circumstances.
