Steep rise in legal aid charges introduced

The minimum financial contribution for availing of civil legal aid has increased from € 50 to € 130 under changes signed into law by Minister for Justice Alan Shatter.

Waiting lists for civil legal aid have grown longer as demand has risen in recent years and Mr Shatter said the extra money raised by the higher charges would be used to fund the service provided by the Legal Aid Board to those unable to pay for legal representation and advice from their own resources.

Under the statutory instrument he signed into law, the cost of legal advice has also increased € 10 to € 30.

“I am conscious that the increase in the minimum contribution as a percentage is significant,” he said. “However I believe the contributions payable still compare favourably with other jurisdictions. Provisions remain in place to allow the contribution to be waived in hardship cases.”

Separately, Mr Shatter has abolished the minimum contribution where a parent is seeking legal services from the Legal Aid Board to defend proceedings instituted by the Health Service Executive in relation to the welfare of a child. He said it was not appropriate that the parent should be obliged to make a financial contribution for their legal representation where he or she is "facing the might of the State."

Mr Shatter also announced that he was reducing the existing disposable capital threshold from eligibility for the scheme from € 320,000 to € 100,000.

Explaining the move in a statement, he said the current capital threshold of € 320,000 was “significantly in excess” of other countries and was “difficult to justify” at a time of financial hardship and high demand for the Legal Aid Board. In England and Wales, he said, the threshold was less than €10,000 and in Scotland it was less than € 15,000.

He said that a threshold of € 100,000 remained “generous by the standards of other countries” and would not affect most people as an applicant’s family home is not included when calculating disposable income. Farm land is included, however.

Most applications to the Legal Aid Board involve judicial separation, divorce, maintenance, domestic violence, child custody and contract disputes. Some cases, including those involving domestic violence and child abduction or custody matters, are prioritised and assistance is provided almost immediately. Others are given lower priority.

On the increase in financial contributions, Mr Shatter said these would continue to be “one off” payments rather than ongoing payments. In a further change, all asylum seekers in receipt of civil legal services for asylum-related matters will now pay a once-off contribution of € 10 as opposed to € 6 at present.

Official figures show that in 2011 the Legal Aid Board handled 13,347 new cases. Its budget for this year is expected to be €36.5 million.