That was the message delivered by the Law Society before the Joint Oireachtas Committee on Justice, Home Affairs and Migration, where the Law Society set out the urgent need for resourcing, restructuring, and decisive Government action.

The Law Society welcomed the publication of the Final Report and Recommendations of the Civil Legal Aid Review, led by Mr Justice Frank Clarke, as well as those set out in the Minority Report.

As practitioners, we know that the evidence paints a stark picture:

• Demand for civil legal aid has doubled over the past four years
• Waiting lists continue to increase at law centres around the country
• A Private Practitioner Scheme (PPS) is no longer economically viable for many solicitors.

Addressing the committee, we emphasised that reform cannot occur without proper investment. The Legal Aid Board – the backbone of civil legal aid delivery – is staffed by committed solicitors and public servants working under sustained pressure.

As demand for its services continues to rise, the Legal Aid Board does not have the capacity to meet expected caseloads this year. As a result, approximately half of all legal aid matters are referred to the Private Practitioner Scheme.

This is a scheme which continues to function largely because of the goodwill and professionalism of solicitors who absorb increasing volumes of cases at fee levels that fail to reflect the true cost, time commitment, and responsibility involved.

As a result, legal aid deserts are becoming a reality in parts of the country.

Steps for change

The Law Society has consistently argued that reform of the civil legal aid system must be practical and appropriately resourced. At the Oireachtas hearing, we highlighted the urgency of the situation and spelled out steps required to deliver necessary change:

• Deliver immediate funding to the legal-aid system, with a commitment for longer-term increased funding to cope with existing demands. Such funding is also to ensure the system can deliver upon its expanding remit, into areas such as the introduction of Civil Restraint Orders and the implementation of the EU Migration Pact.
• Revise the financial eligibility threshold currently set at €18,000, along with parallel investment in resourcing to meet increased demand.
• Properly resource the Legal Aid Board and restore viability to the Private Practitioner Scheme.
• Provide adequate funding for expert reports, particularly Voice of the Child reports.
• Empower the Legal Aid Board as the appropriate body to devise and deliver reform.
• Establish and resource the Mediation Council, envisaged under the Mediation Act 2017.
• Reconsider ‘designated matters’ under the Legal Aid Act 1995 and expand the right of access to civil legal aid in quasi-judicial settings.

There is now a broad consensus across the system – among practitioners, representative bodies, and other stakeholders – that without immediate and sustained investment, civil legal aid will fail to deliver its intended purpose.

The Oireachtas Committee heard consistent calls from a range of stakeholders (including the Legal Aid Board, FLAC, Women’s Aid, and the Bar of Ireland) on the need for increased resources and structural reform.

The profession has carried this system for too long. Reform is no longer optional. It is essential to ensure that citizens can access legal services when required, and that solicitors can deliver those services within a system that is fair, sustainable, and professionally viable.