Dáil Éireann Debate, Thursday - 16 February 2023
15. Deputy Ruairí Ó Murchú asked the Minister for Justice if he will provide an update on the work of the legal aid review group; if he will confirm that income limits for those seeking civil legal aid are under review; when he expects the review to be concluded; and if he will make a statement on the matter. [6873/23]
Amharc ar fhreagraWill the Minister of State provide an update on the work of the legal aid review group and confirm that the income limits for those seeking civil legal aid are under review? What is the timeline for dealing with all of this? I have dealt with people who have found it very difficult to avail of legal aid where actions were being taken against them that could have had an impact on their family home, these actions sometimes being taken by people in receipt of legal aid. This is something that needs to be dealt with.
I thank Deputy Ó Murchú for raising this very important question on the review of income limits for those seeking legal aid. In its 40 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 on 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 and comprehensive review of the scheme is under way. This review will include consideration of eligibility limits.
A review group has been established by my Department, chaired by the former Chief Justice, Frank Clarke, with expert membership drawn from 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.
A comprehensive process of consultation is under way 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 will inform the work of the review group. A call for submissions, launched last November, is the first element of the consultation and will remain open until 28 February 2023. The group has 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 is available online and also remains open until 28 February 2023. The third strand of consultation, which is focused on groups that are hard to reach, has recently commenced.
Great credit is due to the Legal Aid Board and to all the staff and legal practitioners involved in providing the legal aid scheme since its inception. The review that is under way will ensure its future development is positioned to meet the needs of our modern Irish society.
This review is absolutely necessary. It is vital that as many people as possible, particularly stakeholders involved in the area, make submissions. I am aware of some of the fine work done via legal aid. The income thresholds are a particular difficulty. The Minister of State has stated that circumstances have changed significantly over the years. The thresholds allow for €18,000 in disposable income per annum and €100,000 in disposable assets. Further allowances can be made against these limits but the difficulty is that, in light of the cost-of-living crisis and high mortgage repayments, they do not necessarily cut the mustard. People are in very great difficulty. I have a particular case in mind wherein someone was facing an action that would possibly have had an impact on the family home. This action was being taken by someone in receipt of legal aid but the person facing it might not have qualified. I hope that issue has been dealt with but there are difficulties.
The financial eligibility threshold for income was last revised in 2006 while the threshold for capital assets was revised in 2013. Society has obviously changed significantly since 2006. The cost of living had changed significantly even before the recent period of increased inflation. The review is very timely. It will focus on the eligibility factors but also on what is covered by legal aid. It is really important that people in our civil society make contributions while those surveys are open, as the Deputy has called for, so that the review can be comprehensive and can take into account all relevant and important factors, especially for people who are marginalised, who are often in very difficult and traumatic situations.
We all welcome the fact that the review is happening. The minute it is dealt with, we need a report, analysis and action to be taken as quickly as possible, particularly action to deal with the issue of thresholds.
I thank the Deputy for his brevity.
I again thank the Deputy. When the report of the very comprehensive review is published, I expect an implementation plan to be put in place. That is the record of the Minister, Deputy McEntee, and the Minister, Deputy Harris, is following suit. When we have these reviews, an implementation policy and timelines are put in place so that it is not simply a report but that action is taken in a timely manner.
