Jonathan O'Brien (Cork North Central, Sinn Fein)
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51. To ask the Minister for Justice and Equality the revenue received by the Civil Legal Aid Board in contributions made by persons seeking legal aid for domestic violence cases; and the percentage which these contributions are of the total revenue received by the Civil Legal Aid Board. [7618/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Legal Aid Board provides civil legal aid and advice to people who cannot afford to pay for a solicitor from their own resources. The majority of the Legal Aid Board’s income comes from a grant from my Department, which this year is just under €39 million. Other sources of income include costs recovered from the other party to a dispute (where costs are awarded in favour of the legally aided person), costs recovered from legally aided persons (where property is preserved or recovered on that person’s behalf in the course of legal proceedings), and contributions paid by legally aided persons.

Applicants for civil legal aid and advice are required to meet both the merits test and 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 some contribution. The minimum amount is €30 for legal advice and a minimum of €130 applies for legal aid (which includes the advice contribution already paid). The amount of the contribution depends on a person’s income and assets. It should be noted that aid contributions in respect of domestic violence cases in the District Court are capped at a maximum of €417. However, the majority of applicants for legal aid in connection with domestic violence reliefs pay the minimum contribution.

The Deputy will wish to note that 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 advice contribution of €30.

The Board received approximately €1,557,855 in client contributions in 2016. The amount of client contribution in 2016 in respect of domestic violence cases is estimated at €177,076, €38,699 of which was waived. The amount of €138,377 received represents just under 9% of the total contributions received.

The Board has a policy role in relation to the provision of civil legal aid and periodically it brings proposals to my Department in relation to the financial eligibility and other criteria in relation to civil legal aid. I understand that the Legal Aid Board are to consider in due course making proposals in relation to revising the financial eligibility criteria for civil legal aid.