Willie O'Dea (Limerick City, Fianna Fail)
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168. To ask the Tánaiste and Minister for Justice and Equality her plans to increase the eligibility limits for civil legal aid since people whose sole income is derived from social welfare are now deemed ineligible because their income exceeds the existing limit; and if she will make a statement on the matter. [26589/24]

Helen McEntee (Meath East, Fine Gael)
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Eligibility for civil legal aid is determined by reference to an applicant’s means, and the merits of their case. In relation to means, the Legal Aid Board calculates financial eligibility with reference to the applicant’s disposable income and disposable assets after certain allowances are applied to both. Currently, the disposable income threshold is €18,000 while the disposable asset threshold is €100,000.

The Deputy will also be aware that, since 2021 no housing support measure provided by a Department of State, local authority, the Health Service Executive, or any other public body is treated as income.

In its over forty years of operation, the Civil Legal Aid Scheme has been a significant and beneficial public service, providing legal aid and advice to people of limited means in civil disputes, including family law.

However, since the Scheme was set up, Irish society has changed, and the demands on the service have grown. In June 2022, I established the Civil Legal Aid Review Group to review the current operation of the Civil Legal Aid Scheme and make recommendations for its future.

The Review Group is chaired by a former Chief Justice. The membership of the group is drawn from legal practitioners, academics, Department officials, those who work with marginalised groups, and representatives from the Legal Aid Board, which administers the statutory scheme.

The Group is considering many aspects of the scheme, in line with its terms of reference such as the appropriateness of the current eligibility thresholds, the scope of the scheme and whether it should remain primarily a family law service. As part of the review, a comprehensive multi-phased process of consultation was conducted to ensure that as wide a range of views as possible on these issues is captured. The Group has considered the findings from this extensive consultation and the research processes it has undertaken, in the overall context of its terms of reference, the existing legal support landscape in Ireland and how best to meet the civil legal needs of individuals now and in the future.

Progress is ongoing and the Group is expected to conclude its work in the near future, at which point I look forward to considering its recommendations.