Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The Legal Aid Board provides civil legal aid and advice to people who cannot afford to pay for a solicitor from their own resources. Applicants are required to meet both the merits test and the financial eligibility criteria. The vast majority of applicants granted legal aid and advice are required to pay some contribution. The majority of applicants for legal aid in connection with domestic violence relief pay the minimum contribution. There is quite a lot of discretion in place in terms of guidelines for the Legal Aid Board's decision makers with regard to applications for a waiver of contributions. The guidelines provide for a sympathetic approach to be taken to applications for a waiver in cases where the application is in connection with a domestic violence matter and the person’s sole source of income is social welfare. This discretion enables the board to ensure that vulnerable persons seeking civil legal aid are in a position to access it. In 2016, fees totalling €38,700 were waived in respect of domestic violence cases.

The board has a policy role in the provision of civil legal aid and it has recently brought proposals to me on financial eligibility and other criteria. I have received that submission. In the submission, the board recommends some changes, including waiving fees for vulnerable applicants. I am very inclined to follow its advice on that because we have seen some horrific examples of domestic violence in our media in recent times. It is an horrific crime, which continues in this country. I want to ensure there are no financial barriers to women in that situation accessing legal aid. I will be examining those proposals shortly. There are other recommendations which I will have to consider but the board makes a proposal to waive the fees in those circumstances. That is also my position.

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