Dáil Éireann Debate, Tuesday - 18 April 2023
966. Deputy Aodhán Ó Ríordáin asked the Minister for Justice when the last review of the financial thresholds for qualification for legal aid from the Legal Aid Board took place; his views on whether the current income threshold of €18,000 is outdated in view of inflation; and if he will sanction a review of the current system to examine the income and disposable asset thresholds and evaluate any alternative qualification metrics. [16943/23]
View answerAs the Deputy will be aware, 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 to 2021.
In its forty years of operation, the Civil Legal Aid Scheme has been a significant and beneficial public service, providing legal aid and advice to people of limited means in civil disputes, including family law.
However, since the Scheme was set up, Irish society has changed, and the demands of the service 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 under way.
Minister McEntee announced last year that a Review Group would be established and chaired by former Chief Justice Frank Clark. The membership of the group includes those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which administers the statutory scheme. The Group's report is expected by the end of this year.
As part of the review, a comprehensive process of consultation has been conducted to ensure that a wide range of views and insights regarding the operation of the Scheme – and how best to support those of limited means with legal needs – is captured.
A call for submissions, from key stakeholders, launched last November, was the first element of the consultation and closed on 28th February 2023.
The Group also launched a public survey to capture the views of those who have experience of the civil legal aid scheme or who have applied for it. The public survey also closed on 28th February 2023.
The third strand of consultation, focused on hard to reach groups is approaching conclusion.
The results of all elements of the consultation are now being reviewed by the Review Group and will inform its work. This review will include consideration of eligibility thresholds.
The financial eligibility threshold for income was last revised in 2006 (SI 460 of 2006) and for capital assets in 2013 (SI 346 of 2013).
The review will allow for an assessment of how flexible and responsive the Scheme is to the needs of those it is intended to serve, including in relation to eligibility.
I am aware of the pressures people are facing at the moment regarding the cost of living and of the potential impact this may have. My officials are working with the Legal Aid Board to examine whether there are steps might feasibly be taken in the short-term pending the outcome of the wider review.
