Jonathan O'Brien (Cork North Central, Sinn Fein)
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119. To ask the Minister for Justice and Equality if her attention has been drawn to the fact that persons at risk of domestic violence or who are victims of such violence must also pay contributions for legal aid and that victims of domestic violence may have avoided, or may be avoiding, the civil legal aid scheme for economic reasons; if her attention has been further drawn to the fact that victims of domestic violence may need to make recurring applications for legal aid which can be very costly, especially in view of the increase in required financial contributions; and her plans to end the practice of requiring contributions from victims of domestic violence. [34827/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, the Legal Aid Board provides civil legal aid and advice to people who cannot afford to pay for a solicitor from their own resources. Applicants for civil legal aid and advice are required to meet the financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2016.

The vast majority of applicants granted legal aid and advice, including those seeking legal services in connection with domestic violence remedies, are also required to pay a contribution. However, section 29 (2) (b) of the Civil Legal Aid Act 1995 (as amended by Section 80 of the Civil Law (Miscellaneous Provisions) Act 2008) provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant. The Legal Aid Board has put in place guidelines for its decision makers in relation to applications for a waiver of contributions. The guidelines provide for a sympathetic approach to be taken to applications for a waiver in cases where the application is in connection with a domestic violence matter and the person’s sole source of income is social welfare. In such circumstances a decision maker may decide to waive the aid contribution so that the person will only pay the nominal contribution for legal advice. The Deputy will wish to note that a majority of applicants for legal aid in connection with domestic violence reliefs pay the minimum contribution and that contributions are subject to a maximum cap.