Dáil Éireann debate -
Thursday, 5 Oct 2000

Vol. 523 No. 3

Written Answers. - Legal Aid Service.

Brian O'Shea

Question:

35 Mr. O'Shea asked the Minister for Justice, Equality and Law Reform his views on the proposals produced by the Law Society for reform of the civil legal aid system and, particularly, its suggestion that everyone who passes a means test for social welfare should qualify for civil legal aid; and if he will make a statement on the matter. [20172/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I have received the report on civil legal aid in Ireland prepared by the Family Law and Civil Legal Aid Committee of the Law Society. My Department has been in touch with the Legal Aid Board about the report and the matter is receiving consideration. I understand that the board will contact the society on the matter in due course.

The Civil Legal Aid Act, 1995, was enacted to provide legal advice and assistance to persons of modest means at little cost. To be eligible for legal services an applicant must satisfy a means test in relation to their disposable income. In this regard I understand that already the vast majority of social welfare recipients qualify for the provision of legal advice and assistance.

However, in accordance with section 13(4) of the Civil Legal Aid Regulations, 1996, "an applicant whose disposable capital exceeds £200,000 shall not be eligible to obtain legal aid or advice". I consider that this condition would be of relevance to only a small proportion of social welfare recipients.

The Legal Aid Board, through its strategic management initiative, is constantly seeking to improve the service that it provides. As regards the proposals contained in the report in relation to the persons who have already passed a means tests, I am aware of the proposed Department of Social, Community and Family Affairs' REACH project, which is currently at the design stage. In consultation with the Legal Aid Board, I will keep developments on foot of this project under review to ensure that services provided to the public under the Civil Legal Aid Act are as user friendly as possible.