Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)

I thank the Senator for this matter which is an area we have all been making recommendations on. It is something that is important to us all. As the Senator will know, I am here today to represent the Minister, Deputy O'Callaghan.

It is important to note that criminal legal aid and civil legal aid are separate services. Criminal legal aid is granted by the courts and concerns the prosecution of criminal offences. An applicant for legal aid must establish, to the satisfaction of the court, that their means are insufficient to enable them to pay for legal aid themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid.

In addition, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person, or through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. The criminal legal aid scheme must operate with due regard to these rights.

Civil legal aid and advice is provided for qualifying individuals in a range of civil matters. There are two elements to the scheme: legal advice and legal representation. Eligibility is determined by way of a means test and a merits test on the merits of the case being taken.The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means. A range of civil legal issues is covered by the scheme, including domestic violence applications, which are prioritised by the board.

The board provides legal aid to all eligible applicants for the scheme, whether they are applicants to the court for certain remedies or the respondents in such cases. This is also the case in domestic violence proceedings. While contributions from those legally aided are an aspect of the scheme, the Civil Legal Aid Regulations 2017 provide that no contribution is payable for those applying solely for orders under the Domestic Violence Act 2018. Opportunities remain for continued work in the area of free legal aid as it relates to matters involving domestic violence.

In June 2022, a civil legal aid review group was established to review the current operation of the civil legal aid scheme, including the suitability of the current eligibility thresholds. The comprehensive set of recommendations contained in the review is being given careful consideration. This is happening now. These recommendations include the potential for legislative changes to modify the application of the legal merits test in certain circumstances and to provide access to legal representation in certain circumstances, irrespective of means, for victims of domestic violence.