Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I thank the Deputy Murphy for this important question. As he has identified, some additional funding has been provided for legal aid in the budget announced this week. I was very pleased to secure an additional €8 million in funding for the Legal Aid Board. I also managed to secure a 50% increase in funding for free legal advice centres. As the Deputy will be aware, in order for the administration of justice to operate effectively, people must have access to the courts. In many areas, we do provide funding for access to the courts. Individuals who are prosecuted for criminal offences and who do not have means get representation under the criminal legal aid scheme. I am pleased to say I have managed to achieve the full restoration of the fees in that scheme next year, subject to agreeing a number of reforms in the area.

The specific issue identified by Deputy Murphy is the fact that, at present, the income threshold applied in order to gain access to civil legal aid is €18,000. A report I recently received from former Chief Justice Frank Clarke recommends it should be increased to €23,500 in disposable income. I agree with that recommendation and would like to see it implemented. However, there are a number of things I need to do before I can announce its implementation.

In the first instance, I recognise that there has not been a change since 2006. There needs to be. Second, if I raise the threshold, which I hope to do, it will necessarily result in a larger cohort of people eligible to receive legal advice from the Legal Aid Board. I need to ensure, in advance of raising the threshold, that I have the solicitors and legal advice providers available to ensure that, once it is raised, the advice can be provided. I am in the process of getting advice from my Department on what level of further legal expertise will be required to facilitate the raising of the threshold. I want to raise it. This has been on my desk for a couple of months now but I am aware of the urgency because of the fact that the threshold has not been changed since 2006.

See this speech in context