Joanne Collins (Sinn Fein)
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I want to raise an issue concerning domestic abuse. I want to highlight that it is not just confined to what we can see. It is not just bruises, shouting or visible harm; it also includes financial control and economic abuse.The abuser restricts access to money, sabotages employment or leaves victims appearing financially stable on paper, whereas in reality they control all the finances. This form of abuse traps victims' independence and prevents them from seeking justice. Yet our legal aid system, the very system that is meant to protect vulnerable people in these circumstances, still assesses eligibility by income and assets, not by who controls them. Despite recognising coercive control in law, financial abuse remains invisible in practice.

The civil legal aid review group's report published in April, proposes a major redesign but barely touches domestic, sexual or gender-based violence. Domestic violence is only mentioned in passing and domestic, sexual and gender-based violence appear in the glossary but there is no substantive discussion or recommendation. Crucially, there is no reference to financial abuse, economic abuse or coercive control at all. The proposed means test measures income and assets, not access to either of these. Even the exceptional circumstances provision fails to mention domestic or financial coercion. Victims, whose names are on joint accounts or joint mortgages but who cannot touch a cent of what is in those accounts, are told they earn too much for legal aid. On paper they look secure but in reality they are completely powerless.

There is also another side to this that is far too often overlooked. The abuser, often employed or declaring minimal income, qualifies for legal aid while the victim, working and trying to stay independent, is deemed ineligible. The abuser, represented at the State's expense, can drag out proceedings with adjournments and repeated applications. The victim, paying privately, eventually runs out of money and is forced to withdraw. This is not justice. This is a system being used as another form of control. If implemented as drafted, the new framework risks perpetuating exclusion rather than ending it. It creates three failures: a barrier to justice, where victims cannot safely separate or seek protection without legal advice; a misrepresentation of means, joint assets and shared income which hides the real power imbalance; and a failure under the Istanbul Convention and the CEDAW. Ireland must guarantee access to justice for all forms of gender-based violence, including financial abuse.

As I said, domestic abuse is not just physical or emotional. It is often financial, yet our legal aid framework still treats income as if victims can freely access it. I ask the Minister of State to take this back to the Department to clarify whether financial abuse will be recognised under the exceptional circumstances, whether victims of financial and coercive control will be explicitly included in the legal aid framework, and that the legal aid board staff receive training to identify financial and coercive control in their triage model.

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

Joanne Collins (Sinn Fein)
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I thank the Minister of State very much. I am delighted to see this area is being looked at now. I have one request while it is being looked at and this is to take into account the fact that sometimes one party may be entitled to legal aid and the other is not. If that is the case and if proceedings are being drawn out by months and sometimes years, could this aspect be looked at again for that person who is not entitled to legal aid at the start to see if they may be entitled to it halfway through? The Minister of State knows it could cost €1,000 each time it is necessary to get a solicitor to go to court. If what I have described becomes the case during the trial or whatever the different proceedings might be, I ask if eligibility for a means test for legal aid can be revisited at that point.

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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I will certainly bring this request to the attention of the Minister, Deputy O'Callaghan. I feel it is very important. Access to justice is a fundamental right, a cornerstone of our democracy and central to the rule of law. Nowhere is this more significant than in cases where victims of domestic violence need court support. This is exactly what the Senator is saying. As I mentioned earlier, the comprehensive set of recommendations contained in the civil legal aid review is being given careful consideration by the Minister and his Department. The Senator will be aware that a range of supports is available for people experiencing domestic abuse, including from An Garda Síochána, our Courts Service and our other specialist domestic violence services, many of which are funded through Cuan or by the DSGBV agencies.

In March, the Minister, Deputy O'Callaghan, announced funding of almost €4 million for the organisations that support victims of crime, including those that provide information and services on the rights of victims, courts and other complementary services, specialised counselling services and helplines, and training initiatives.I have another page or two in my response, but I understand my time is up. I can assure the Senator that her concerns will certainly go back to the Minister and his Department. I thank her for raising this very serious issue.