Seanad debates

Thursday, 17 February 2022

Nithe i dtosach suíonna - Commencement Matters

Legal Aid

10:30 am

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

The Minister for Justice, Deputy McEntee, on whose behalf I am taking this matter, thanks Senator Clifford-Lee for raising this issue, which gives me an opportunity to update the Seanad on this important matter.

The Legal Aid Board’s provision of legal advice and representation under the civil legal aid scheme plays an important part in assisting individuals to resolve their disputes. It is recognised, however, that demands on the civil legal aid scheme have grown and that to provide maximum benefit to those for whom it was established to serve, a review of the scheme is appropriate, not least in light of societal change in Ireland over recent years. We must also acknowledge the reality that the resources available to fund the civil legal aid scheme are not infinite.We must aim to ensure that those in most need and whose means are insufficient can continue to avail of the civil legal aid scheme to the maximum extent possible, consistent with their legal needs.

The Minister is committed to undertaking a review of the civil legal aid scheme and her Department is currently working to finalise the mode and terms of reference of the review. As part of the review process, it is intended that there will be significant consultation to ensure that the insights of a range of stakeholders regarding the operation of the scheme, and how best to support those of insufficient means with legal needs, within resources that must of necessity be constrained, will inform the work of the review group. One of the areas which may be considered in the review is eligibility for civil legal aid. The review may also contain a research element which could, among other things, identify international approaches to supporting people with legal assistance needs.

Since the civil legal aid scheme was established more than 40 years ago, Irish society has changed and the demands on the scheme have grown. In order to provide maximum benefit to those it was established to serve, within the finite resources available to fund legal aid, a robust, comprehensive review of the scheme is now timely. Dependent on finalisation of the approach and confirmation of membership, it is envisaged that the review group will commence its work in the coming weeks.

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