Legal Aid system failing, claims advice group

The state legal aid system has failed to meet the needs of people across the country, it was warned today.

The Free Legal Advice Centres (FLAC) said the civil legal aid system has been dogged by inadequate funding.

Noeline Blackwell, director general of FLAC, said: “The current structure of civil legal aid is not inclusive. It does not place the needs of the client at the heart of its decision and policy-making.”

Ms Blackwell said the scheme, which is provided by the Legal Aid Board, has not focused on the needs of those on low incomes.

A new report from FLAC, a human rights organisation which has been campaigning for a comprehensive legal aid system, revealed more than 95% of state civil legal aid over the past decade has been granted to deal with family law disputes.

Barrister Peter Ward, who is a council member of FLAC, said: “This is not surprising when you realise that it is easier to meet the income qualification in a family law matter.

“Each person’s income is treated separately for the means test in those cases. In cases where there is no dispute in a house, the entire income of a household is used to assess an applicant’s means.”

The report ’Access to Justice: A Right or a Privilege? A Blueprint for Civil Legal Aid in Ireland’ shows that some clients have waited for their appointment for the civil legal aid system for more than two years despite a prioritisation of this area.

The legal aid system in civil cases is means tested and not entirely free.

Every person, including those on social welfare, are required to pay a contribution towards the cost of the legal aid they receive.

The report points out that the minimum contributions are small but in some cases a client on legal aid may have to pay the full cost of the service, which is billed by the Legal Aid Board at an hourly rate.

Ms Blackwell said: “Potentially therefore, for some clients, legal aid is of no benefit whatever.”

The human rights organisation said many of the difficulties with the scheme arise due to the approach of the state and the state-funded Legal Aid Board.

Ms Blackwell warned the human right of access to justice was so fundamental that the state and the Legal Aid Board must do their duty to ensure that it is guaranteed to everyone.

She said past experience has shown the current scheme is not working to make justice accessible and FLAC would be campaigning for greater recognition of civil legal aid as a right, and not a privilege.

“FLAC will continue to work with all those who are involved in providing access to justice, particularly the Legal Aid Board and relevant government departments,” Mr Ward said.