Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit don Bhille anocht. Gabhaim buíochas leis an Seanadóir Boylan, ní hamháin as an Bhille agus as an ábhar seo a chur le chéile ach as é a chur os ár gcomhair don díospóireacht fosta. I wish to address the wider legal aid issues beyond the pertinent issue my colleague, Senator Boylan, has raised here. She has achieved a very welcome breakthrough for those directly affected. In terms of some of the earlier contributions, it was perhaps the intervention of Senator Boylan that put this change into motion.

I will first acknowledge the principle source of the points I will make tonight. Earlier this month, FLAC provided a comprehensive and thoughtful paper on the benefits of legal aid. It has campaigned for a root and branch review of the system. It has made several detailed submissions to Oireachtas committees charged with the responsibility of scrutinising and regulating society in terms of equality, family law, legal aid and the Courts Service. FLAC described legal aid as a "bridge" for those who cannot afford to access the law. That image of a bridge is particularly apt for the people most in need of legal aid because, invariably, they are people or communities on the margins of society, isolated from the rest of society and, indeed, often isolated from the Government and the State, which have a duty of care to protect them. Legal aid is an instrument which empowers the powerless and often represents the best chance people have of being treated with respect, equality and as full members of society in a courtroom. It is especially used in circumstances to do with social welfare law, personal debt and credit law.

It would be a mistake to assume that those in need of legal aid are small in number. People who avail of legal aid are affected by a range of issues, such as social welfare decisions, house repossession, eviction, insolvency and financial exclusion. They include community groups, Travellers and ethnic groups such as migrants and others. Legal aid has assisted in domestic violence and divorce cases, custody and guardianship and child maintenance, as well as individuals who choose to represent themselves in court. During the pandemic FLAC was inundated with queries about family and employment law and landlord and tenant law. The case is well made not only with respect to the practical importance of legal aid to those in need of it but also as a statement of the type of society we wish to live in, where a cornerstone of the legal system is access to justice irrespective of one's financial circumstances or one's place in society.

The Government accepts that legal aid, as it is available at present, is too narrow in its reach. We welcome the ongoing review of the legal aid system. However, it cannot conclude soon enough. Each day without meaningful reform means people are potentially being denied access to justice. Improving access to justice means providing better information and advice, ensuring people have access to legal representation in the courts and more options to resolving disputes outside the courts. Debt can be a barrier to accessing justice. Families on low incomes experiencing debt can find it difficult to manage, further excluding them. Access to justice is a fundamental human and constitutional right and is recognised as such under a range of regional and international instruments, including the European Convention on Human Rights.

Legal aid is essential to ensure that people have access to justice, have their voices heard, exercise their rights, challenge discrimination or hold decision-makers accountable. Its availability should not be restricted to who is in government, nor should its value be counted in pounds or euro but rather in the contribution it makes to upholding the values of a caring and considerate society grounded in human rights. While the change brought about by this Bill would mean the world to the people affected, it is important to bear in mind that this is just the tip of the iceberg when it comes to reforming civil legal aid and ensuring everyone has access to justice. As Senator Boylan pointed out, we will continue to press ahead with this legislation to ensure that no Minister can walk back from it and that HAP will never again be allowed to be counted as income.

Sinn Féin will continue to push for a review of the cases that have already been denied legal aid. There must be a full and proper review of the HAP recipients who have been penalised already. Again, I thank Senator Boylan for championing this issue within this institution, as well as alongside others outside it. The U-turn announced last week by the Government to change the guidelines serves to reinforce how unjust this anomaly in the legal aid eligibility criteria was. The Minister of State will acknowledge, as other Members have acknowledged, that it was indefensible. Thanks to this Bill, people across the country, most notably women, will sleep a little easier tonight.

I thank the Minister of State for her attendance. Indeed, I thank all colleagues who have taken part in this debate and acknowledged not just the work of Senator Boylan and others but also the intent behind bringing this Bill forward. The discussion acknowledged the need for this change and that the situation was unjust and could be changed. With this move tonight, Senator Boylan's work will ensure the Seanad can be proud to have played a small, modest but important role in ensuring this change is delivered for those most impacted.