Niamh Smyth (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

1539.To ask the Tánaiste and Minister for Justice and Equality if a review of the free legal aid system is being conducted; the status of this review; if a cap is being examined for the number of times a person can access free legal aid; and if she will make a statement on the matter. [32161/24]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

At the outset, it is important to clarify that criminal legal aid and civil legal aid are separate services.

Under the Criminal Justice (Legal Aid) Act 1962, it is the Courts, through the judiciary, that are responsible for the granting of legal aid. The Criminal Legal Aid Scheme is demand-led and the fees and expenses due to legal practitioners are paid in accordance with the terms and conditions of the scheme.

An applicant for criminal legal aid must establish to the satisfaction of the Court that his/her means are insufficient to enable him/her to pay for legal representation for him/herself. The Court must also be satisfied that, by reason of the gravity of the charge or exceptional circumstances, it is essential in the interests of justice that the applicant should have legal aid.

The judgment of the Supreme Court in The State (Healy) v Donoghue [1976] I.R. 325] is the landmark decision on the constitutional principles underpinning the right of persons to legal aid in criminal cases. The case affirmed that the right to legal aid in certain cases is a constitutional right. The application of a cap in such circumstances would be unconstitutional.

Civil legal aid and advice is provided for qualifying individuals in civil matters which are those that concern non-criminal disputes between individuals or organisations. Civil legal aid and advice is granted through the Civil Legal Aid Scheme, which is administered by the Legal Aid Board.

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. Once its report has been submitted to me, I intend to consider it and bring it to Government.