Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

On behalf of the Tánaiste I would like to thank the Senator for raising this very important matter. The provision of civil legal aid is a long-established practice in Ireland with the original scheme for the provision of civil legal aid having been established in December 1979. It is a prerequisite to getting legal services from the Legal Aid Board that a person meets the financial eligibility criteria. If people do meet those criteria, the contribution they pay is based on their income and potentially also on their capital. The contributions regime has always been premised on the basis that a person pays a one-off contribution for legal advice and a further single contribution for legal aid, representation in court. The contribution for legal advice is set at a minimum of €30 and a maximum of €150. This could cover a single consultation if that is all that the client requires or it could cover the negotiation and completion of a separation agreement over many months. The legal aid contribution can rise to a maximum of €1,755 based on a person’s income and can be significantly higher if the person has assets other than the family home. However, it should be noted that there are some caps on the contributions that are payable. For most family law cases in the District Court, the contribution will be limited to a sum of €417. It is also important to note that there are, of course, provisions in place which allow a waiver of the contribution in the event that it would cause undue financial hardship, with clear guidelines provided for the interpretation of financial hardship. I will bring the points the Senator raised to the senior Minister, Deputy Fitzgerald. Those include a provision that regard should be had to the immediacy of the requirement for legal aid and to the nature of the case to which the application relates. For example, if the applicant is seeking a legal aid certificate for the purpose of taking a case on foot of the domestic violence legislation, the guidelines state a sympathetic approach should be taken to an application for a waiver or a reduction in the contribution, particularly if the applicant’s sole income is social welfare. The Senator's point about vulnerable women will have to be forcefully made to the Tánaiste.

These are the general arrangements in place. There are also categories of cases where the provision of legal services is free and there are other categories where specific arrangements apply. For example, persons who have been served with proceedings by Tusla will need to meet the financial eligibility criteria but are not required to pay a contribution.

Services under the new Abhaile scheme are provided free of charge to eligible persons and asylum seekers are charged a €10 contribution for services in relation to international protection matters. The Tánaiste is aware that the Legal Aid Board is keen to ensure that nobody is deprived of appropriate legal representation in court proceedings. The board keeps the contributions regime under active review and I anticipate that the new board, which the Tánaiste will appoint shortly, will also take an active interest in making sure that the contributions regime is appropriate and fair. The Tánaiste also knows that the board is working to ensure that a consistent message about its guidelines on waiving or reducing contributions is given to persons who may have difficulty paying a contribution. It has recently launched a new website with a view to making more information available online. Senators will be aware that the Legal Aid Board is also responsible for the provision of the State’s family mediation services. As recently as Monday, the Tánaiste officially opened its first co-located law centre and family mediation office. The family mediation services it provides are free and the Tánaiste very much hopes that more people will seek to use mediation to address family problems though she of course realises that mediation is not the solution in every case. While paying a legal aid contribution can be a difficulty, it is important to note that they are one-off payments that most people are unlikely to experience more than once or twice in their lives and as I have indicated, the waiver applies in the most sensitive cases. I will bring the issues the Senator raises today in these important matters to the Tánaiste.