THE ISSUE of legal aid for people who need to go court in civil cases is one which has been argued by many, including concerned public representatives.
Unlike criminal legal aid – which is at the discretion of the judge presiding in court – civil aid has to be approved through a means test and only those whose disposable income is less than €18,000 a year qualify.
Speaking in the Dail recently, Limerick TD Willie O’Dea (FF) questioned the Taoiseach about the “indefensible” financial qualification criteria.
“20 years have elapsed since the financial criteria for qualification for civil legal aid were last set. It was in 2006. It is estimated that someone who purchased goods or services in 2006 with €100 would have to pay €250 to €300 today, which means that two of every three people this State judged eligible for legal aid because of their financial circumstances would no longer qualify,” Deputy O’Dea told the Taoiseach.
Deputy O’Dea said he has been dealing with people “who can barely buy groceries for the week and they are judged to be too affluent or wealthy to qualify for civil legal aid. That is an indefensible situation.”
Responding Taoiseach Micheál Martin said that he would “engage with the Ministers for Justice and Public Expenditure on the issue to see what we can do to improve the situation”.
The matter of the legal aid qualification ceiling, in particular how recommendations of the Civil Legal Aid Review might improve how the system impacts domestic violence cases, was also raised by Limerick Senator Joanne Collins (SF) in the Seanad.
“The abuser restricts access to money, sabotages employment, or leaves victims appearing financially stable on paper, whereas in reality they control all the finances. This form of abuse traps victims’ independence and prevents them from seeking justice,” Senator Collins told the Seanad, hitting out that the current system “assesses eligibility by income and assets, not by who controls them”.
The Civil Legal Aid Review report proposes a major redesign but barely touches domestic, sexual or gender-based violence, she told the Seanad. “Crucially, there is no reference to financial abuse, economic abuse, or coercive control at all.”
Replying on behalf of the Justice Minister, Minister of State Jennifer Murnane O’Connor said that “a range of civil legal issues (are) covered by the (legal aid) scheme, including domestic violence applications, which are prioritised by the board”, but accepted “opportunities remain for continued work in the area of free legal aid as it relates to matters involving domestic violence”.
The report from the scheme review board now being considered by Government “include the potential for legislative changes to modify the application of the legal merits test in certain circumstances and to provide access to legal representation in certain circumstances, irrespective of means, for victims of domestic violence,” she said.
– Court Reporting Scheme