Bernard Durkan (Kildare North, Fine Gael)
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217. To ask the Tánaiste and Minister for Justice and Equality if there are plans to address the financial threshold for qualification for legal aid, with particular reference to the fact that legal proceedings are increasingly expensive and those in well-paying jobs or receiving one income only struggle to afford same; if maintenance can be excluded from any income calculations; and if she will make a statement on the matter. [38459/24]

Helen McEntee (Meath East, Fine Gael)
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As you will be aware the Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021.

Applicants for legal aid must meet the financial eligibility criteria under section 29 of the Act and the Regulations.

This provides that their disposable income (less certain allowances for spouse or partner, each qualifying adult/children, accommodation and childcare costs) must be below €18,000 and their disposable capital (less certain allowances and excluding the value of the home in which they live) must be below €100,000. The Regulations make detailed provision for the assessment of income and application of allowances.

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.

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