Civil legal aid ‘failing’ people on low incomes
A coalition of organisations that includes the Law Society and the Bar of Ireland has called on Government to make “meaningful investment” in civil legal aid a priority in Budget 2027 to allow for comprehensive reform of the system.
The organisations describe civil legal aid as “fundamental” to ensuring access to justice for people involved in some of the most complex and sensitive legal proceedings – including in family law, childcare, domestic violence and other matters affecting vulnerable individuals and families.
They also highlight areas that are currently largely excluded from the civil legal-aid scheme, such as housing, employment, social welfare, and discrimination law.
Common concern
“While each organisation has its own priorities and experience of the system, all share a common concern that the current civil legal-aid framework is under significant strain and failing to address the legal needs of disadvantaged groups,” a statement from the group says.
They say that financial-eligibility thresholds have failed to keep pace with rising living costs, while difficulties recruiting and retaining legal practitioners, and a significant decline in the number of private solicitors willing to undertake legal-aid work, continue to place increasing pressure on the system.
The group points out that the Legal Aid Board (LAB) cannot provide legal representation in key areas for disadvantaged groups – such as housing, social welfare, and discrimination – and it is not mandated to provide people with legal information about their rights.
There are currently delays of over a year for a first appointment with an LAB solicitor, the organisations add.
“Without urgent action, high levels of legal need amongst disadvantaged groups will continue to go unmet, delays will continue to increase, pressures on the courts will grow, and those who depend on civil legal aid will bear the consequences,” they conclude.
Income threshold
President of the Law Society of Ireland Rosemarie Loftus said that the Civil Legal Aid Scheme was “failing” people on low incomes, adding that an income threshold of €18,000 – unchanged since 2006 – was “locking people out of justice”.
The president said that a rise in the threshold must be matched by “real investment” in the LAB to expand access and reduce waiting times.”
Séamus Clarke SC (incoming chair, Bar Council) said that Government had already received detailed recommendations on civil legal aid from an independent review group.
“The recommendations now need to be urgently implemented. Budget 2027 must mark the point where action is taken,” he stated.
Other organisations involved in the coalition are Free Legal Advice Centres (FLAC), the Children’s Rights Alliance, and Women’s Aid.