Paul Murphy (Dublin South West, Solidarity)
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26. To ask the Tánaiste and Minister for Justice and Equality if he will raise the threshold for eligibility for free civil legal aid to the same level as for free criminal legal aid; and if he will make a statement on the matter. [36519/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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At the outset, it is important to clarify that criminal legal aid and civil legal aid are separate services.

As outlined in the Programme for Government 2025, the Government has committed to reforming the operation of Criminal Legal Aid. The general scheme of the Criminal Justice (Legal Aid) Bill 2023 was published in July 2023.

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. 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 accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021. The Board also has responsibility for providing a family mediation service.

Regulations made by the Minister for Justice, under section 37 of the 1995 Act, determine the levels of disposable income and disposable capital that a person cannot exceed in order to qualify for legal aid. Pursuant to Regulation 15, ‘income’ refers to all income received by the applicant in the form of salary, wages, pension or other annuity. It is important to note that since 2021, the Housing Assistance Payment is no longer treated as form of income by the Board.

Disposable income is defined in Regulation 16(1) as gross income in accordance with the Regulations less various allowances in respect of dependants, mortgage, childcare, tax, and certain allowances and benefits. In particular, an allowance of €8,000 for accommodation expenses per annum is provided, and an allowance of up to €6,000 per child in respect of child care expenses. There is also a requirement that the value of the individual’s capital assets, apart from their home, does not exceed a certain amount. The disposable income threshold is €18,000.

In June 2022, my predecessor established a independent Civil Legal Aid Review Group to review the current operation of the Civil Legal Aid Scheme and make recommendations for its future. The Group is considered 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.

I can confirm that the Civil Legal Aid Review has been completed with the submission of majority and minority reports to me in April 2025. Both the majority and minority reports of the Review contain findings and recommendations regarding the future of the Scheme and the broader landscape of legal support, in line with the Group's terms of reference.

I am currently considering the findings and recommendations contained in the reports. It is my intention to bring the Review to Government for consideration shortly and to publish it thereafter.