Jim O'Keeffe (Cork South West, Fine Gael)
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Question 198: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the regulations made pursuant to the Civil Legal Aid Act 1995; his proposals to update these regulations, bearing in mind that the average industrial wage is over €30,000 per annum while the means tested disposable income for legal aid is currently only €18,000. [12873/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I can inform the Deputy that the Regulations in question were updated last year by means of the Civil Legal Aid Regulations, 2006 which came into effect from 1 September, 2006. Under these new Regulations the income limits and allowances which govern eligibility for civil legal aid were all increased significantly, thereby ensuring that the scheme continues to provide effective access to legal advice and representation for persons on modest incomes.

Insofar as the assessment of eligibility is concerned, the Deputy should note that the determining factor is not gross income (as reflected in the average industrial wage) but rather disposable income, which for the purpose of these Regulations is arrived at by deducting from gross income the amount of income tax and social insurance paid as well as certain specified and generous allowances for dependants, accommodation and childcare costs.