Lorraine Clifford-Lee (Fianna Fail)
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I welcome the Minister of State to the House to discuss this important matter. As the Minister of State knows, the cornerstone of decent society is access to justice. Civil legal aid plays a crucial role in this access to justice. A review of the civil legal aid system in Ireland is long overdue. Demand for a root-and-branch review grew over the years, because it became apparent that there was an unmet legal need.

Last summer, it was announced that a review would take place in the third quarter of 2021. I believe it was the Minister of State, Deputy Naughton, who announced the review of the legal aid system, on behalf of the Minister for Justice, Deputy McEntee, who was on maternity leave at the time. The Minister of State, therefore, would be very familiar with this issue. That review was very much welcomed, because there was a wide awareness of the unmet legal need. Unfortunately, that review has not yet commenced, and it is now mid-February 2022. When will that review commence?

Last July, Free Legal Advice Centres, FLAC, wrote to the Minister for Justice on behalf of more than 40 NGOs. I have that letter here with me. I would like to add that I was a FLAC volunteer for a number of years. It is an excellent organisation and it provides an excellent service. It wrote this letter to welcome this announcement of the review on behalf of more than 40 NGOs, charities and other non-profits working with marginalised and vulnerable communities throughout Ireland. These organisations include Women’s Aid, Inclusion Ireland, Down Syndrome Ireland, Barnardos Ireland, Pavee Point, AsIAm and the Mercy Law Resource Centre. These organisations, as I said, work with a broad range of communities throughout Ireland, such as migrants, Travellers, members of the Roma community, deaf people, lone parents, disabled people, victims and survivors of domestic violence, unemployed people, the working poor and more. They have identified, through their long years of work with people and their advocacy on behalf of these people, an unmet legal need in the current civil legal aid system.

In their letter, they have suggested a number of elements that are essential to the review. I am calling on the Minister of State to confirm that these elements will be contained in the review by the Department of Justice. First, it must be a root-and-branch review that is comprehensive in scope and that will map the unmet legal need. It should explore the functions of the Legal Aid Board. The eligibility criteria should be seriously looked at, including the means test and the financial contribution. The areas of law covered by the scheme need to be updated. The methods of service delivery, such as community law centres and specialised legal services for disadvantaged groups and individuals, should be looked at. An important point is that it must be chaired by an independent person of status, such as a judge with an interest in access to justice and public law. At its centre, the review must have the voices of those currently experiencing the unmet legal need and involve all key stakeholders. It must measure the civil legal aid system against international standards and compliance with the State’s obligation under the Constitution, the European Convention on Human Rights, the European Union Charter of Fundamental Rights, the UN Convention of the Rights of the Persons with Disabilities and the public sector equality and human rights duty contained in section 42 of the Irish Human Rights and Equality and Commission Act 2014.

This review needs to start immediately. We are failing people every single day. As a modern, progressive and wealthy society, we cannot stand over it any longer.

Hildegarde Naughton (Galway West, Fine Gael)
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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.

Lorraine Clifford-Lee (Fianna Fail)
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I am pleased to hear that the review will commence in the coming weeks. Could the Minister of State confirm that the review group will be chaired by a judge or somebody of similar standing with an interest in public law and access to justice?

I am a little concerned because the Minister of State referred a couple of times to "the finite resources available". For a civil legal aid system to work, it must be properly resourced. I accept every Department works within finite resources, but in the current climate where we are talking about women in particular having access to justice, we know that lone parents and people in situations of domestic violence are especially vulnerable on a number of fronts but, in particular, in their access to justice. I ask that the legal aid scheme be properly resourced.

Hildegarde Naughton (Galway West, Fine Gael)
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I will pass on the Senator's views and comments to the Minister. She is committed to undertaking a review of the civil legal aid scheme and the Department is currently working to finalise the mode and the terms of reference for the review. Dependent on the finalisation of the approach and confirmation of membership, it is envisaged that the review group will commence its work in the coming weeks. Significant consultation will be required to ensure that those in most need and whose needs are insufficient can continue to avail of the scheme within resources that of necessity must be constrained. Ultimately, the review should map out a future for the civil legal aid scheme, which in the Minister's view is one that should provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those with insufficient means. I will pass on the Senator's comments.