Law Society leads criticism of legal aid funding in Budget 2018

The Law Society of Ireland and legal rights group FLAC have raised concerns that funding set out in Budget 2018 will not allow for the abolition of legal aid fees for victims of domestic violence.

They also raised concerns that the 3 per cent increase in funding - down from 12 per cent in the previous budget - would not address large waiting times for legal aid.

Keith Walsh, chair of the Law Society’s family and child law committee, said the Government’s position “does not move towards addressing the United Nations’ recommendations to the Irish Government on legal aid contributions in domestic violence cases”.

Mr Walsh also called for a “review of the means test to permit more people to become eligible for civil legal aid”.

He added: “In addition to reviewing the means test the Legal Aid Board should consider sub-contracting out its work to its private practitioner schemes which are currently under-resourced and hence underutilised.

“This would take pressure off the waiting lists in the law centres and permit the overworked solicitors and staff in the legal aid more space within which to deal with the already formidable waiting lists around the country.

“We have serious concerns about the waiting times for consultations in law centres. In terms of waiting times, the applicant first has to go through a very detailed process of being vetted to ensure they are entitled to legal aid, only then do they go on the waiting list. This initial vetting process can take some time.”

Mr Walsh said the Legal Aid Board has been “under-resourced since 2008”, but paid tribute to the solicitors and staff “who deliver a top class service in spite of the lack of resources and funding”.

Eilis Barry, CEO of rights group FLAC, added: “We had hoped that the Legal Aid Board would be sufficiently resourced to allow for the abolition of the requirement on victims of domestic violence to pay a charge for legal aid.

“We are concerned that the 3 per cent increase will not allow the abolition of legal aid fees in domestic violence cases.

“We are further concerned that the allocation will not have any significant impact on the waiting list.”

Justice Minister Charlie Flanagan had told the launch of FLAC’s 2016 annual report that he supported a review of civil legal aid fees paid by victims domestic violence.

Civil legal aid, while subsidised, is not free. Victims of domestic violence have to pay a minimum of €130 for legal aid.

FLAC’ argues that the requirement for financial contributions in cases of domestic violence creates an additional barrier for those seeking legal support to escape violence and access protection and justice.