Dáil Éireann Debate, Wednesday - 30 March 2022
113. Deputy Patrick Costello asked the Minister for Justice if she will establish a legal aid body which specialises in employment law, recognising the critical need for this service given that in 2020 it was the most queried legal area by the general public with the Free Legal Aid Service. [16917/22]
Amharc ar fhreagra116. Deputy Patrick Costello asked the Minister for Justice if she will address the gap in the provision of legal aid in which currently there is no right to legal aid if a person has proceedings before a tribunal. [16921/22]
Amharc ar fhreagraI propose to take Questions Nos. 113 and 116 together.
As the Deputy may be aware, my Justice Plan 2022, which I published on Monday, 28 March 2022, contains a commitment to progress the review of the Civil Legal Aid Scheme this year.
My Department is currently working to finalise the mode and terms of reference of the review.
It is intended that there will be significant stakeholder consultation to inform the review, which will have to consider how best to support those who require, but cannot afford, legal advice. The review is expected to consider eligibility for civil legal aid, the issues for which legal aid should be available, and what should be prioritised for support given the limitations on resources. The review may also contain a research element which could, among other things, identify international approaches to supporting people with legal assistance needs.
Since the Civil Legal Aid Scheme was 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 early this year.
Section 27(2) of the Civil Legal Aid Act 1995 provides that the Legal Aid Board can only provide legal representation at certain inquests, in the civil courts, or in Tribunals prescribed by me with the consent of the Minister for Public Expenditure and Reform. The only tribunal currently so prescribed is the International Protection Appeals Tribunal. It should be noted that this provision only applies to legal aid, i.e. representation by a lawyer in court/at the Tribunal. It does not preclude the Legal Aid Board from giving legal advice in relation to a matter which might be heard by a tribunal.
That being the case, while the Legal Aid Board does not provide representation in relation to internal disciplinary or external workplace relations hearings, it does provide advice and assistance in relation to employment matters. The Board can also, subject to the means and merits criteria, provide legal aid in statutory appeals from tribunals to the court. For example, a statutory appeal from the Workplace Relations Commission to the Circuit Court in an equality matter can be granted legal aid subject to the criteria being satisfied.
