A new support system for civil legal aid has been recommended in the final report by an independent review group.
However, before that more immediate reforms including raising the disposable income eligibility threshold for civil legal aid from €18,000 to €23,500 as soon as possible has been called for.
Two reports from a majority and minority of the review body, set up in 2022, come in the wake of a warning from Legal Aid Board chief executive Joan Crawford that the Department of Justice lacks the resources to meet the mounting demands on its services.
The reports were submitted to the Minister for Justice Jim O’Callaghan in April, who acknowledged the review group did not reach consensus on all matters.
The minority report maintains the recommendations of the majority fail to meaningfully address the “crisis” in Ireland’s system of public legal assistance and, even if implemented, will mean people on a minimum or living wage are likely to remain ineligible for civil legal aid.
The majority of the group recommend that the figure used to calculate the current income portion of a contribution is revised upwards from the current level of €11,500 to €14,500. The majority also recommended that users with available income of less than €14,500 should pay no contribution.
A minority view within the group was that contributions should be tapered throughout the income distribution to effectively target available support with measures to avoid hardship where necessary.
The review group also recommended that a Legal Aid Oversight Body be established to oversee the delivery of the services supported by the future civil legal aid support system.
This would ensure “quality, consistency, availability and adaptability of the system to meet the legal needs of the Irish public over time”.
It envisages that services under the future system should encompass more than the legal representation or legal advice services on offer through the Civil Legal Aid Scheme.
Mr O’Callaghan said there was “much to be considered” in the work undertaken by the review group.
“There are both short-term issues that require attention and long-term recommendations that need further consideration and engagement,” he said.
“I will now give consideration to the recommendations with my officials and I will bring proposals for reform to Government in due course.”
Chair of the review group, retired Chief Justice Frank Clarke, said it marked the first comprehensive examination of the civil legal aid scheme in nearly 50 years.
“Setting out a principle-based, strategic framework for a modern system of civil legal aid in Ireland, its recommendations offer a clear roadmap to transform how the State supports access to justice,” he said.
“The radical reforms proposed represent a critical shift in how legal support is understood and delivered, laying the foundations for a more responsive and user-focused system for the future.”
