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Legal Aid

Dáil Éireann Debate, Tuesday - 30 June 2020

Tuesday, 30 June 2020

Questions (292)

James Lawless

Question:

292. Deputy James Lawless asked the Minister for Justice and Equality her plans to review the civil legal aid scheme with particular emphasis on the legal aid scheme and its application in family law cases; the date of the last comprehensive review of the legal aid scheme; and if she will make a statement on the matter. [12953/20]

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Written answers

The statutory position regarding the provision of civil legal aid derives from the Civil Legal Aid Act 1995 under which the Legal Aid Board was established as the statutory provider of legal aid through the civil legal aid scheme.

Approximately two thirds of the cases dealt with by the Legal Aid Board, under the civil legal aid scheme, are connected with family law matters. The legal aid scheme as administered by the Board is recognised as having a key role in a modernised family court system, as is the use of family mediation.

In that context, I would like to draw the Deputy’s attention to the fact that comprehensive proposals for modernisation and reform of the family court system, which include the preparation of a Family Court Bill, are being developed by my Department. Those proposals will involve a broad consideration as to the best means of providing access to various family law mechanisms available to those families involved in private family law cases, not least through the legal aid scheme. That consideration, will also allow for an examination of the recommendation contained in the Joint Committee on Justice and Equality Report on Reform of the Family Law System concerning the need for a full review of the legal aid scheme, with particular regard to means test rates, contribution requirements and eligibility.

As regards reviews in general, the Legal Aid Board reviews the operation of the civil legal aid scheme and submits proposals to my Department for consideration. My Department works with the Legal Aid Board on an ongoing basis in evaluating these proposals with the aim of optimising the ability of the Board to provide civil legal aid to persons of insufficient means.

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