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Dáil

Written answer

Legal Aid

2132. Deputy Darren O'Rourke asked the Minister for Justice, Home Affairs and Migration if the disposable income threshold to access Civil Legal Aid of €18,000 will be increased; and if he will make a statement on the matter. [54790/26]

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Jim O'Callaghan Minister for Justice, Home Affairs and Migration Fianna Fáil

The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to qualifying individuals. The Civil Legal Aid Scheme has two parts: a legal advice element and a legal representation element. Eligibility for the scheme is determined by reference to a financial assessment and the merits of the case being taken.  In accordance with the provisions of the Civil Legal Aid Act 1995 (as amended) and associated Regulations, the Legal Aid Board calculates financial eligibility with reference to the applicant’s disposable income and disposable assets after certain allowances are applied to both.

In June 2022, a Civil Legal Aid Review Group under the chairmanship of former Chief Justice Frank Clarke, SC, was established to review the current operation of the Civil Legal Aid Scheme. The outputs of the review were published in July 2025 and contained recommendations relating to eligibility for the Scheme including income threshold and allowances, as well as recommendations aimed at improving access to justice for people. In particular, the majority report recommends increasing the disposable income threshold from €18,000 to €23,500.

Having the Civil Legal Aid Scheme and a Legal Aid Board which is equipped to meet the changing needs of society is critical to ensuring access to justice, particularly for those who have very modest means. However, any changes must be considered in the round and the potential implications that such changes might have on the operation of the Scheme. A critical aspect will therefore be the careful sequencing of reforms.

Officials in my Department are examining the recommendations and are working closely with the Legal Aid Board to ensure any proposed reforms are developed as part of the annual budgetary Estimates process. Potential implications on the operation of the Scheme and broader government policy will be taken into account.

The recommendations from the Review will also have to be considered with due regard to the findings from Ireland’s first legal needs survey, recently completed with the support of the European Commission and the Organisation for Economic Co-operation and Development (OECD). This survey will provide invaluable insights into the extent of legal need in Ireland. While preliminary results of the survey have been released on gov.ie, further analysis is underway, with officials in my Department working closely with the OECD on final outputs.

I will revert to Government in due course with proposals to reform the Scheme.

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