Seanad debates

Monday, 31 May 2021

Civil Legal Aid (Exclusion of Value of Free or Partly Free Board) (Amendment) Bill 2021: Second Stage

 

10:30 am

Photo of Lynn BoylanLynn Boylan (Sinn Fein) | Oireachtas source

As I said, I was being pragmatic in bringing forward this Bill, which has just one line of text. The reason for that was that I was informed that this problem could be fixed overnight by regulation in the same way access to legal aid for the Stardust inquest was fixed with a regulation. Members of the Opposition cannot change regulations so we have to amend the Act to render it out of synch with the relevant regulation.

I take on board the Minister of State's points that there could be consequences if my Bill were to be passed as it stands. It was introduced out of frustration because while there is a plethora of issues with civil legal aid, this one was acute and was having a significant impact, particularly on women surviving domestic violence. I felt we could not wait for the review.

Having not been long in this House, I would be proud to get my Bill through Second Stage today. However, in order to have it progressed through all Stages, I would prefer to have the Minister of State take the legislation and do the necessary work with the regulations as that would give certainty to the 70,000 households on HAP who could find themselves in need of civil legal aid at any point. While the updated guidelines are welcome, I know from the woman who raised her case with me that she was granted civil legal aid while in receipt of HAP, but a subsequent significant shift in the legal aid approach to HAP meant that every appeal was being rejected. That was happening in all of the cases on which she was helping women to appeal.

Guidelines are great but they can be changed. We need certainty and that would be best achieved through a regulation that can address potential consequences. That would also be faster. If that is not done, we will have to go the way of my Bill and we will then consider amendments.

I thank everybody for their contributions and for supporting the Bill.

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