Legal Aid Seanad Éireann — 2026-05-20 ============================================================ Jim O'Callaghan (FF), Dublin Bay South I thank Senator Stephenson for raising this important issue. As she will be aware, access to justice is an absolutely fundamental corner-stone of our justice system. In order for laws to operate effectively and for people to get the benefit of the laws we enact in the Oireachtas, there has to be a mechanism by which they can seek the administration of justice through our courts. As the Senator recognises, nowhere is this more significant than in cases where victims of domestic violence need the court’s support. Civil legal aid and advice is provided for qualifying individuals in a range of civil matters. There are two elements to the scheme. One is legal advice and the other is legal representation. As the Senator indicated, eligibility is determined by way of a means test and a merits test. The statutory body responsible for the provision of civil legal aid is the Legal Aid Board, which gives advice and aid to persons of modest means. A range of civil legal issues are covered by the scheme, including domestic violence applications, which I am pleased to say are prioritised by the Legal Aid Board. In addition, the civil legal aid regulations from 2017 provide that no contribution is payable for those who are applying solely for orders under the Domestic Violence Act 2018. Having a civil legal aid scheme and a Legal Aid Board that is equipped to meet the changing needs of society is critical to ensuring access to justice, particularly for those in need. As the Senator will be aware, the recommendations of the civil legal aid review are currently being examined by my officials. This comprehensive review was the first of its kind since the scheme’s establishment some 46 years ago. Members of the review group included the former Chief Justice, Mr. Frank Clarke, and representatives from the Legal Aid Board, FLAC, the legal profession and academia. As the Senator indicated, I got the review group reports last year, which were published in July 2025. They identify several key areas for reform, including the potential to modify the application for the legal merits test in certain circumstances and to provide access to legal representation, irrespective of means, for victims of domestic violence. I have considered the report and I have decided that I want to seek to implement the majority report. Finance is obviously an issue I have to deal with in terms of having the funds available to implement these reports. I have decided that the report that is most implementable is the majority report. When it comes to the commencement of recommendations and the implementation of the report, however, I have to go through a budgetary process. I could not just decide to introduce the recommendations, say, this month because I have not got the money available and lined up as a result of the budgetary measures and budgetary agreements. As the Senator will know, a new budgetary process is starting and the budget will be in early October. I have instructed officials that I want to include within the justice provision for budget 2027 funding for the improvement and commencement of the implementation of the majority report. A critical aspect of any implementation will therefore be the careful sequencing of reforms. Many of them would need to work in parallel with other ongoing reforms in the civil justice system. In that context, both my Department and the Legal Aid Board are working closely together to ensure any proposed reforms are developed as part of the annual budgetary estimates process, taking into account the broader implications for Government policy. The recommendations of the review will also have to be considered alongside the findings from Ireland's first legal needs survey conducted in 2025. While preliminary results of the survey have been released, further analysis is under way, with my Department working closely with the OECD on final outputs. The survey will provide an important insight into the legal needs of people living in the country and will help inform future policy development in this area. I am committed and I want to see the majority report implemented. I want to see the commencement of the implementation of that. I am going to start that in the context of budgetary discussions. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-20/debate/main Retrieved: 2026-08-14T04:54:58+00:00 Sitting date: 2026-05-20