James Browne (Wexford, Fianna Fail) | Oireachtas source

As I am sure the Deputy will be aware, criminal legal aid and civil legal aid are separate services. Criminal legal aid is granted by the courts to eligible persons being prosecuted for criminal offences to ensure that their constitutional right to a fair trial is vindicated. Civil matters concern non-criminal disputes between individuals or organisations. Civil legal aid and advice for qualifying individuals is granted through the civil legal aid scheme, which is administered by the Legal Aid Board. In its more than 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 of the service have grown. In order to meet the needs of those it was established to serve, within the finite resources available to fund legal aid, a comprehensive review of the scheme is now under way. This review will include consideration of eligibility limits. The Minister, Deputy McEntee, established the review group chaired by former Chief Justice, Mr. Justice Frank Clarke. The membership of the group is drawn from legal practitioners; academics; Department officials; those who work with marginalised groups; and representatives from the Legal Aid Board, which administers the statutory scheme. As part of the review, a comprehensive multi-phased process of consultation has been conducted to ensure that as wide a range of views as possible is captured. The results of all elements of the consultation are now being carefully considered by the review group. The group is also examining how legal needs are met in other jurisdictions. The Minister, Deputy Harris, met with the chair of the review group yesterday and received an update on the progress of the report. The work of the group is ongoing, with a report expected later this year.

Separately, new legislation is being prepared which would see the administration of the criminal legal aid scheme, with a budget of approximately €70 million per annum transferred to the Legal Aid Board from my Department. The general scheme of this new criminal legal aid Bill, which will update and modernise the law on criminal legal aid generally, is currently being finalised with a view to going to Government for approval to publish and refer for pre-legislative scrutiny.

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