Matt Carthy (Cavan-Monaghan, Sinn Fein)
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77. To ask the Tánaiste and Minister for Justice and Equality if he has initiated an immediate review of the Legal Aid Board’s capacity to administer the current civil legal aid scheme, as recommended by the review of civil legal aid; when he expects this review to be completed; and if he will make a statement on the matter. [68322/25]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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It is now several months since the Minister received the report on the civil legal aid review, which in itself took three years to complete. Recommendation 22 of that report called for an immediate review of the Legal Aid Board's capacity to administer the current civil legal aid scheme. Will the Minister advise whether that has been commenced and when it is expected to be complete?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy knows, the Legal Aid Board is the statutory body responsible for the provision of civil legal aid and advice to qualifying individuals. There are two parts to it, one is legal advice while the other is legal representation. Eligibility for the scheme is determined by reference to a financial assessment. The Legal Aid Board provides enormous assistance, particularly in the area of family law and, indeed, going back to what we were talking about earlier, international protection.

The Deputy is correct in that the former Chief Justice, Mr. Justice Frank Clarke, was asked in June 2022 to conduct a review. Two reports actually were published in July 2025 which contained recommendations relating to the income threshold allowances and other financial aspects of the scheme. Since the overall available income eligibility threshold is influenced by the level of deductible allowances any changes must be considered in the round and the potential implications that such changes might have on the operation of the scheme. While the review highlights the need for comprehensive legal aid reform it also recognises that the current legal aid system must function effectively in the meantime. A critical aspect of any implementation will, therefore, be careful sequencing of reforms. However, I want the Deputy to know that in my Department, officials are considering the reports and are putting together proposals that will come to me for the purpose of implementing the recommendations.

The Deputy is correct in noting that the review group recognised that immediate action is required on the financial eligibility thresholds. It favoured an increase in the available income threshold from €18,000 to €23,500 as soon as possible. I want to see that achieved. I have instructed officials in my Department that I want to see it achieved. However, I have to inform the Deputy that I cannot just do that by the stroke of a pen. Once I do that, the demand for services is going to increase quite significantly. I need to ensure that I have the lawyers available to provide the increase in services. It is an important question and progress is being made on it.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Having heard the number of announcements the Minister has made over the past year without any changes happening, it concerns me when he has not even made an announcement in respect of this. That says to me that there is not an appreciation yet of the urgency here. There is a real crisis right now in accessing civil legal aid. That means there is a crisis in access to justice. The income limits, incredibly, have not changed since 2006. We are told by everybody involved that the fee structure means we do not have enough private lawyers carrying out legal aid work. That is creating problems in some parts of the country where there are basically no supports available, particularly for vulnerable people, including victims of domestic violence, who just cannot get the representation they need.

I am told by those who work in the area that the civil legal aid services are virtually on the brink of collapse, unless something is done urgently. I hear what the Minister is saying in terms of asking his officials to do this and wanting to do that. Will he give us a timeframe and clarity as to when we will see action in this area?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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It is important that I got the report, read it and published it and that we tried to consider how we could implement it. I regret to say that it cannot happen overnight. The Deputy might think that can happen in government, that a Minister can say, "I am going to do this" and that it happens. It is important to announce what one's policy objective is, however. It is important for me to say that I want to see the recommendations in respect of the financial eligibility set out in the majority report implemented.

It is also important to emphasise that funding for legal aid and legal advice has increased significantly in recent years. In budget 2021, my Department's allocation to the free legal advice centres, FLAC, trebled from €98,000 to €294,000. It is important that I made an announcement this year which was followed up with actual money. The budget allocation for FLAC for 2026 increased significantly from €500,000 to €750,000. The increased funding will allow them to prioritise callers and assist people who are seeking legal aid and legal assistance. Work is, therefore, being done. I am not going to just give a timeline but I have instructed officials in my Department that I want to see the recommendations set out in Frank Clarke's report implemented in respect of financial eligibility.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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For all the recommendations and the fact we need a whole overview of the civil legal aid scheme, two things need to be addressed, namely, income thresholds and fees. I do not believe that even the income thresholds suggested in the majority report are going to be sufficient to provide for access to the justice that I think the Minister will agree is integral. We need to get those two things sorted very quickly. While there has been no movement on that side, there is potentially a lot of additional pressure coming. I do not know whether the Minister followed the pre-legislative scrutiny discussions but people who work in this area have highlighted the burden that will be placed on them by the international protection Bill. Additional work is going to be put on the civil legal aid process. The Minister is adding to the pressures but not providing the solutions. What does the Minister intend to do to address the concerns around the international protection Bill? Crucially, when are we going to see the income thresholds and fees addressed?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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In terms of international protection, Deputy Carthy is right about that. A significant number of people are seeking legal aid from the Legal Aid Board in respect of international protection. In fact, 11,689 applicants sought legal aid services in relation to international protection last year, which was an increase from nearly 10,000 the year before. That is hugely demanding for the Legal Aid Board. I am increasing the funding to the Legal Aid Board. The current budget allocation for the board for 2026 is €72 million, which is made up of €36.5 million for the pay budget and €35.6 million for the non-pay budget. When it comes to international protection and the enactment of the new international protection Bill, obviously there is a requirement within that, that we are going to provide legal counsel to individuals who are seeking assistance in respect of the international protection process. I will have to fund that. That funding will have to be made available. That will happen immediately, as of 12 June next year.

I am committed to changing the financial eligibility rules. However, I am not going to give a date here when I do not have certainty that it will be complied with by that date.