Jillian van Turnhout (Independent) | Oireachtas source

The changes, particularly in amendment No. 30, in regard to eligibility for legal aid are welcome, especially the acknowledgement that where the applicant is a relevant person he or she should not have to meet the requirements for financial eligibility in order to receive legal aid. This is vital to ensure effective access to justice under the Bill for people who are at risk of having their legal capacity denied.

I have one concern in regard to subsection (d) of the amendment. Some guidance needs to be set out by which the board may seek to recover costs. I am not necessarily suggesting the Bill be changed but recovery of costs should only be done if the interests of justice so demand. For example, a person may not meet the criteria of financial hardship normally required to qualify for legal aid but if the board seeks to recover costs, this action might then financially cripple the relevant persons, especially if some of their main assets, such as the family home, would have to be mortgaged or sold to meet the retrospective costs of legal aid. I ask the Minister of State to consider guidance to the Legal Aid Board in relation to the recovery of costs.