The Deputy will be aware that the Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996, as amended. Since the enactment of the 1995 Act, the associated Regulations relating to financial eligibility have been substantially revised on three occasions, most recently in 2013.
As outlined in my Justice Plan 2022, which I published on 28 March 2022, I am however committed to undertaking a comprehensive review of the Civil Legal Aid Scheme. My Department is currently working to finalise the mode and terms of reference of the review.
As part of the review process, it is intended that there will be significant consultation to ensure that the insights of a range of stakeholders regarding the operation of the scheme – and how best to support those of insufficient means with legal needs – will inform the work of the Review Group. Capturing the views of those who have unmet legal needs will be an important part of the Group’s consultation and engagement. One of the areas which may be considered in the review is eligibility for civil legal aid.
Since the Civil Legal Aid Scheme was first established over 40 years ago, Irish society has changed and the demands on the Scheme have grown. In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the Scheme is now timely. Ultimately the review should map out a future for the Civil Legal Aid Scheme; one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of insufficient means.
Dependent on finalisation of the approach and confirmation of membership, it is envisaged that the Review Group will commence its work shortly.
The Deputy may also wish to note that, at present, the Legal Aid Board offers free mediation services where parties cannot agree on the terms for their separation or divorce, parenting and/or maintenance issues. The Board's Family Mediation Service has remained open at every level of Covid-19 restrictions. It offers a blended service of room based, telephone, and online video mediation, depending on the needs of the clients. People are facilitated to resolve their issues and negotiate their own terms of settlement.
