99. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons in the past three years that have received civil legal aid from the Legal Aid Board in order to proceed with claims of discrimination under equality legislation against licensed premises; the number of these cases that were successful; and if he will make a statement on the matter. [49935/18]
Minister for Justice and Equality (Deputy Charles Flanagan): The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.
Civil legal aid is available for a wide variety of civil matters including applications to the District Court for redress under section 19(2) of the Intoxicating Liquor Act 2003, where the applicant claims that discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of a person in contravention of Part II (Discrimination and Related Activities) of the Equal Status Act 2000 has been directed towards himself or herself on, or at the point of entry to, licensed premises.
All applicants for civil legal aid, including in connection with such proceedings, must meet the financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017. The application must meet the merits criteria in sections 24 and 28(2) of the 1995 Act. These criteria include whether the applicant is reasonably likely to be successful in the proceedings, assuming that the facts put forward by him or her in relation to the proceedings are proved before the court or tribunal concerned.
The Board has not, in the time available to it to do so, been able to identify any case in the past three years where legal aid has been granted for an application pursuant to section 19(2) of the 2003 Act.