Commentary on Sections Section 2: Designation of Director of Legal Aid Casework
This section makes provision for the appointment of a Director of Legal Aid Casework (“the Director”). The purpose behind the creation of this statutory position is to ensure that there will be no Ministerial involvement in individual decisions on civil legal aid funding. The Department will be required to designate a civil servant in the Department as the Director. The selection of the person to be so designated must be on the basis of merit through fair and open competition. The Director’s function will be to make decisions on the grant of civil legal aid in individual cases.
Subsection (2) requires the Director to carry out the functions of the office on behalf of the Crown.
Subsection (3) provides that service as the Director is service in the Northern Ireland civil service.
Subsection (4) requires the Department to provide civil servants or other persons (or both) to give appropriate assistance to the Director.