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Legal Aid

Dáil Éireann Debate, Tuesday - 25 July 2023

Tuesday, 25 July 2023

Questions (865)

Robert Troy

Question:

865. Deputy Robert Troy asked the Minister for Justice if, in light of her plan to review the legal aid system, she will consider increasing the threshold in terms of eligibility for people to avail of legal aid particularly for family law cases. [36559/23]

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Written answers

In its over 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 meet the needs of those it was established to serve, within the finite resources available to fund legal aid, a comprehensive review of the Scheme is now under way. This review will include consideration of eligibility limits.

In June 2022, I established the Civil Legal Aid Review Group to review the current operation of the Civil Legal Aid Scheme and make recommendations for its future. The Review Group is being chaired by former Chief Justice, Mr Frank Clarke. The membership of the group is drawn from legal practitioners, academics, Department officials, those who work with marginalised groups, and representatives from the Legal Aid Board, which administers the statutory scheme.

As part of the review, a comprehensive multi-phased process of consultation has been conducted to ensure that as wide a range of views as possible is captured.

The results of all elements of the consultation are now being carefully considered by the Review Group. The Group is also examining how legal needs are met in other jurisdictions. The work of the Group is ongoing, with a report expected later this year.

The financial eligibility threshold for the Civil Legal Aid Scheme was last revised for income in 2006 and for capital assets in 2013. The current 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 financial eligibility.

I can, however, further advise the Deputy that my officials are also working with the Legal Aid Board to examine whether there are steps might feasibly be taken with respect to eligibility in the short-term pending the outcome of the wider review.

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