Victor Boyhan (Independent) | Oireachtas source

I thank Senator Boylan and Sinn Féin for bringing this important Bill to the House. We heard from Senator Boylan about the litany of excuses and inconsistencies from the Government in responses to parliamentary questions, Commencement matters, dialogue, conversations and correspondence on this issue. One must therefore ask why that has now changed? This Bill has undoubtedly been significant in that regard and it has focused people's minds. I acknowledge and give credit for that accomplishment. Far too often, we come into these Houses and the prevailing arithmetic means the numbers are clearly stacked against the Opposition. However, the Opposition is not here simply to oppose. Its function is to also shine a light into a few dark spaces. The Opposition's job is to challenge the status quoand to question and hold to account all public representatives. That is an important aspect of the Opposition's role, and in that context I thank Senator Boylan for highlighting this issue.

In principle, this Bill is concerned with excluding HAP payments from means tests for the provision of civil legal aid. That is the kernel of the legislation. I welcome the wider debate as well, and Senator Clifford-Lee spoke in detail and demonstrated her great personal knowledge and in-depth experience of this area when discussing how the civil legal aid scheme must be reformed. We must never deny or frustrate people's ability to access justice. It is an important point and people must be afforded the opportunity to seek legal remedy and justice. However, it is also important, and I do not want to labour this point too much, to recognise that a litany of excuses has been given in this regard. If people can keep getting away with that, they will keep doing it. Therefore, they have to be challenged and that is important.

My understanding is that all this Bill does is to change five lines in the Civil Legal Aid Act 1995. I am not belittling all the wonderful work done by Senator Boylan. When we sit down and tease out this legislation though, that is what it does. That is not a lot but it is profound. It is a small but important step and this is a change that must be made. I understand that the Government has instructed the Legal Aid Board to reform the eligibility criteria for civil legal aid and that is an important development. It must be acknowledged and welcomed, albeit it is late.

There must be reform of the anomalies of the civil legal aid eligibility criteria, which are unfair and penalise people who receive housing assistance payments. An important point was made earlier that is worth reiterating, which is that HAP is paid to the landlord, not to the tenant. It is another crucial point to remember. There are anomalies and unfair provisions in the scheme and those have had an impact on survivors of abuse, male and female, in particular and on many other people. Nothing is more stifling and worse than people who have been abused and are now seeking legal remedy and access to justice through the courts being denied that outcome.I welcome the change of heart by the Government on this important issue. It is a first step but it cannot be allowed to sit. We cannot just clap ourselves on the back and say "well done"; we must see it through all the way. I hope the Minister of State will outline her commitments in that regard.

I commend Senator Boylan, who has been to the fore on this issue. She has campaigned to highlight the importance of this issue vis-à-visfree legal aid. I hope we will have a further debate on this as well as a total review of the scheme. The latter is warranted and must be done. Again, I thank the Minister of State and the Government for the change of heart on this Private Member's Bill.