Liz McManus (Wicklow, Labour)
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Question 18: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the concern expressed by the author of new research into the operation of Family Law Courts (details supplied) that the high number of lay litigants in contested family law cases should give rise to the cost of legal representation for those who need it; if he will take steps to deal with this issue; and if he will make a statement on the matter. [12915/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I understand that the Deputy is referring to an article in the inaugural edition of the Courts Service Report 'Family Law Matters' published in February 2007. The article, based on an interview with the manager of the Dublin Circuit Family Law Office, speculated that there has been a huge rise in lay litigants in family law cases over the past few years due perhaps to the costs of legal representation.

There is a number of factors which may lead people to undertake their own litigation, particularly where the divorce is uncontested. Greater access to information, including free information provided by the Courts Service, allows litigants to make informed decisions as to whether or not to seek further legal advice or representation. With consent divorces representing a significant proportion of all divorces, many of the potentially contentious issues will already have been settled in advance of divorce proceedings, often by prior judicial separation or following mediation.

It would be a matter of concern if lay litigants were acting on their own behalf, not because they have freely chosen to do so having regard to all their circumstances, but because they were financially precluded from seeking legal assistance. But it is important to differentiate between the situation of lay litigants making a free and informed choice to save money by representing themselves in straightforward and uncontested proceedings, and the spectre the Deputy raises of vulnerable people being unable to obtain vital legal advice and assistance.

I am satisfied that the Legal Aid Scheme provides effective access to legal advice and representation to persons on lower incomes. The Civil Legal Aid Regulations, which I made in 2006, both simplified the means test rules for qualifying for legal aid and substantially increased the disposable income limits — from €13,000 to €18,000 — and the deductible allowances, including for dependents, childcare and accommodation. Given the significant increase in the Legal Aid Scheme thresholds, enabling more people to qualify for assistance, and given also that many divorces are uncontested and settled by consent, I do not believe that the increase in the number of lay litigants is in itself a cause for concern.