Oireachtas Joint and Select Committees

Tuesday, 29 November 2022

Select Committee on Justice and Equality

Estimates for Public Services 2022
Vote 20 - An Garda Síochána (Supplementary)
Vote 21 - Prisons (Supplementary)
Vote 22 - Courts Service (Supplementary)
Vote 24 - Justice (Supplementary)

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party) | Oireachtas source

I wish to make similar points. The Chief Justice, who has been a strong advocate for access to justice, has made the point that access is not just about courtrooms and judges; there are plenty of other things that block people's ability to access justice. A recent report by the Department of Justice report, for which I could not find a date, mentioned per capitaspending on legal aid as follows: €73 in Northern Ireland; €33 in Scotland; €38 in England and Wales; and €18.40 in Ireland. Even when one takes into account the cuts in these things money is a huge issue in terms of accessing justice. Access is ultimately about someone getting their fair crack of the whip when they are standing in court and having their right to legal representation if they are accused of a crime and standing in front of the State.

I echo the concerns expressed about civil legal aid. There is a need for a huge expansion in the budget for civil legal aid. I also think that the recent Zalewski case will kick holes in doors in terms of legal aid. We need to act on this issue now instead of having the Government's hand forced by the court and being bounced into something. In the Zalewski case the Chief Justice talked about how justice administered in quasi-judicial bodies could not fall below the level of justice administered in courts. We have seen various changes come to the Workplace Relations Commission to ensure that happens but one of the central tenets of the administration of justice is representation, and having access to a well paid and experienced advocate. The Minister of State, in his statement, alluded to the fact that the criminal legal aid budget has increased due to increasing numbers and complexity. I contend that civil legal aid will face a higher complexity. I mean that we are going to be pulling legal representation into areas where we have not done so before and if we say no - that this is outside the remit of legal aid in terms of the way civil legal aid is set up - all it takes is the right plaintiff and the right test case for the door to be kicked open. I believe that the Chief Justice's comments on the Zalewski case make it very clear that the case will be the battering ram to open up civil legal aid.

The nub of the matter is fairness and the administration of justice. We need to address the FEMPI cuts, invest more in criminal legal aid and broaden civil legal aid so that there is width and depth.in terms of civil legal aid reform.

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