Matt Carthy (Cavan-Monaghan, Sinn Fein)
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10. To ask the Tánaiste and Minister for Justice and Equality for an outline of the findings of the report of the civil legal aid review group, which has indicated that he has received the report; and if he will make a statement on the matter. [36599/25]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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The Minister will know there is significant concern in the legal profession and elsewhere on the time it has taken for the civil legal aid review group to complete its work. I understand he has now received the report from that group. Can the Minister give us an outline of the findings of the report which he previously cited in response to me and could he give an indication of when that report will be published?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank Deputy Carthy for that. As he stated, the civil legal aid review group completed its reports recently. In April, I received a majority report from the group and a minority report from former Chief Justice Frank Clarke. I had the opportunity to read both and am discussing within my Department how I will progress them.

I am satisfied with the need to increase the thresholds available to those seeking access to the civil legal aid scheme. Sometimes people confuse more money for the civil legal aid scheme as being more money for lawyers. It is not about lawyers; it is about ensuring citizens have access to the means by which they can vindicate their constitutional or statutory rights. Law is extremely complex. We keep producing vast amounts of it in this House and we also have European law on top of that. In order to navigate the law, the reality is we need legal advice and assistance.

I propose in the short term to put the reports out for public consultation. While that is happening, I want the Deputy to know I will ask my Department to work on how we can give effect to some of the recommendations contained in the reports. There will be a consequence to increasing thresholds and making civil legal aid more accessible to people. This is something I want to achieve but the consequence is that more work will have to be done. I need to ensure there are resources on the ground for private practitioners and solicitors working within the legal aid board offices around the country to facilitate them in providing for this greater level of work.

I thank the former Chief Justice for the report and I hope to be in a position to publish both reports shortly.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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As the Minister may recall, my interest in this matter comes from several different angles but particularly as a result of work I have done with women, predominantly, who have sought protection or barring orders and have tried to secure legal representation under the civil legal aid entitlements but cannot get legal representation. The Minister told me this would be considered in the context of this review. While increasing access to legal aid is absolutely laudable at the centre of this particular crisis, I am told by both women and legal practitioners that the problem is the legal aid fees paid to solicitors on the District Court panel of family law solicitors. That is what is deterring solicitors from taking on cases. Part of the problem for this particular type of court is that there are many adjournments, and this can make it unsustainable.

David Maxwell (Cavan-Monaghan, Fine Gael)
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Thank you, Deputy.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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What the Minister has described to me sounds like many further delays. For these women in particular, I want to know if this is going to be addressed.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Yes, it will be addressed. When a very detailed report comes in - or indeed two reports; I have no objection to receiving majority and minority reports - it must be carefully considered. There is no point in me announcing I will implement the report and then people asking when this will be done and how that implementation will take place.

As the Deputy will be aware, civil legal aid is provided by the legal aid board, primarily through a network of law centres and solicitors employed by the board. There are times when the board will engage private solicitors to supplement the services provided by board solicitors in certain areas of law on a case-by-case basis. I am aware of issues arising in respect of family law and predominantly women who must go before the courts because they are in a family law predicament. We need to ensure they have access to appropriate legal advice in order to facilitate them in vindicating their rights under the Constitution and under statute. It is progressing, the reports are completed and my Department is working on them. I hope to put in place a proposal in the near future for the Government.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I understand there are processes involved but this is three years in the making and now the Minister is talking about consultation processes. He must put himself in the shoes of those who want to secure a barring order or a civil protection order but currently cannot get legal representation. If they were listening to two politicians talk about process, the Minister can imagine the frustration that would be there.

Can the Minister give a timeframe for when this particular issue will be resolved? Further, to put on the record, does the Minister also accept there is an issue here for the number of solicitors willing to take on this work? One way or another, it needs to be addressed. Does the Minister accept there are particular geographical issues where this issue is especially acute?

Does he have any short-term measures that he can put in place to resolve what is a crisis for many people?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I accept there is an issue in terms of solicitors being available to do this very important work. Part of the problem is that because the Irish economy is doing so well, it is attractive for solicitors to get work elsewhere, other than in the areas the Deputy is discussing here or other areas such as criminal legal aid under the criminal legal aid scheme. We need to ensure the fees that are payable are heightened to ensure we get solicitors who are prepared to do this valuable work. We need to recognise, and I welcome that the Deputy has acknowledged this, that there is a difference between the story that we are just getting more fees for lawyers and looking at the purpose of it. The purpose of paying more fees to lawyers is to ensure that the women the Deputy talks about, the individuals who want to access and vindicate their rights before the courts, are able to do that. They cannot do that unless they get access to legal advice. I accept that there is an issue and that the fees will have to increase to try to attract more solicitors to do this private work.