David Stanton (Cork East, Fine Gael) | Oireachtas source

Yes. Many of the NGOs gave of their time and expertise, which was extremely valuable. The process has been building for some time. I was pleased that we were in a position to debate the amendments, improve on them, refine them and bring them forward as we have done.

On the question of civil legal aid costs, I have some information that might be of use and interest to Senator Clifford-Lee.The Legal Aid Board provides civil legal aid and advice for people who cannot afford to pay for a solicitor from their own resources. Applicants for civil legal aid and advice are required to meet both the merits test and the financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2016. The vast majority of applicants granted legal aid and advice are required to pay some contribution. The majority of applicants for legal aid in connection with domestic violence relief pay the minimum contribution.

Senators will note that section 29(2)(b) of the Civil Legal Aid Act 1995, as amended by section 80 of the Civil Law (Miscellaneous Provisions) Act 2008, provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant. The board has put in place guidelines for its decision makers on applications for a waiver of contributions. The guidelines provide for a sympathetic approach to be taken to applications for a waiver in cases in which the application is in connection with a domestic violence matter and the person’s sole source of income is social welfare payments. This discretion enables the board to ensure vulnerable persons seeking civil legal aid are in a position to access it. In 2016, fees totalling €38,700 were waived in domestic violence cases.

The Legal Aid Board has a policy role in the provision of civil legal aid and periodically brings proposals to my Department on financial eligibility and other criteria in dealing with applications for civil legal aid. A submission has been received from the board recommending a number of scheme changes, including a waiving of fees for vulnerable applicants. The proposals are being examined within the Department. The amendments tabled by Senators for consideration on Committee Stage have been brought to the attention of officials with responsibility in this area who are already considering the issue.

The vast majority of applicants granted legal aid and advice, including those who are seeking legal services in connection with domestic violence remedies, are required to pay some contribution. The minimum amount is €30 for legal advice, while a minimum amount of €130 applies to applicants for legal aid, which sum includes the contribution already paid for advice. The amount of the contribution depends on a person’s income and assets. It should be noted that aid contributions in domestic violence cases in the District Court are capped at a maximum figure of €417. However, the majority of applicants for legal aid in connection with domestic violence reliefs pay the minimum contribution. The Legal Aid Board received approximately €1,557,855 in client contributions in 2016. The amount for client contributions in 2016 in domestic violence cases is estimated at €177,076, of which €38,699 was waived. The amount of €138,377 received represents just under 9% of total contributions received. The overall amount is actually quite small, but we have taken on board the points made by Senators on this matter which is being examined. I thank Senators for raising this important issue.

I thank the Acting Chairman and staff in the Seanad for facilitating the passage of the Bill through Report and Final Stages.