Seanad debates

Wednesday, 9 April 2008

Civil Law (Miscellaneous Provisions) Bill 2006: Second Stage

 

1:00 pm

Photo of Déirdre de BúrcaDéirdre de Búrca (Green Party)

I hope the Department of Justice, Equality and Law Reform and other relevant Departments will consider this matter soon.

As stated by other Senators, section 67 waives the contribution payable for legal aid and allows the Legal Aid Board much more discretion. The Green Party's understanding of this is that it will improve conditions for those eligible for legal aid. I am disturbed to hear other Senators interpret it in a different way and suggest it will narrow cases to which a waiver might apply. It would appear from reading the Bill that it will allow the board the discretion to waive fees due even in circumstances where more than the minimum fee is payable. Perhaps the Minister of State will clarify whether this provision will widen or narrow the number of cases to which the waiver can apply.

I share some of the concerns expressed by Senator Norris in respect of the inclusion of the phrase "severe hardship" and how this will be defined. Perhaps the Minister of State will specify what onus this will put on applicants.

The Green Party welcomes the Bill and believes it is a timely tidying up of many outstanding issues dealt with in other legislation. I welcome the Bill's passage through both Houses of the Oireachtas.

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