Oireachtas Joint and Select Committees

Tuesday, 30 April 2024

Joint Oireachtas Committee on Justice, Defence and Equality

Legal Aid Board: Chairperson Designate

Ms Nuala Egan:

We totally agree with the Cathaoirleach about the complete inadequacy of the funds we can offer in terms of the private practitioner system. It is fundamentally affecting our ability to provide the service in certain areas. We have two counties at the moment in which no private practitioners are willing to get involved. That will change. They may be willing in a while, but at the moment no practitioners are willing to provide a service in counties Sligo and Longford.

I am sorry to hear about the process being cumbersome. We say that once we get the documentation in, we will respond very quickly and endeavour to pay the practitioners quickly. It may be that in certain circumstances that does not happen. I will accept that, but also the system needs to be digitalised. Our ICT system is simply not up to scratch, and this is one of the issues we need to address. I hear the Cathaoirleach's criticism and that is the extent to which I can respond at present.

I totally agree with the Cathaoirleach's third comment. It is a very real concern of ours. We have been saying it for a number of years. The €18,000 disposable income threshold is simply inadequate. People on the minimum wage are not qualifying for legal aid. As a result, there is a reasonably significant unmet legal need among people who cannot afford the services of a private practitioner but fall outside of our limit. We have no discretion. Once somebody reaches the €18,000 disposable income threshold, we have no discretion. Unfortunately, they are then left in a position where they have to represent themselves. We have made representations over a number years about our concerns about the limit. We hope that on foot of the recommendations of the civil legal aid review group, that is one of the issues that will be addressed.