Editorials

The Irish Times view on access to the law: an unequal system

While legal aid is available in Ireland, there can be long delays in accessing it and many are excluded

The scales of justice on the roof of the Four Courts in Dublin

Tue Jun 28 2022 - 21:00

Chief Justice Donal O’Donnell recalled this week being on a march in Dublin in 1979, organised by the Free Legal Advice Centres (Flac), to protest against delay in implementing recommendations of the 1977 Pringle report on civil legal aid. It took another three years for the Legal Aid Board to be established but, more than 40 years after the Pringle report, there is still no adequate system of civil legal aid here.

The pressing need for such a system is underlined in Flac’s annual report for 2021, launched by the Chief Justice on Monday, which disclosed that 13,147 callers sought information, advice and advocacy about mainly family and employment law matters and 2,729 people availed of phone advice clinics. Flac CEO Eilis Barry said the organisation has insufficient resources to answer all calls and the number of calls shows the extent of known unmet legal need.

While legal aid is available for family law and some housing matters, there can be long delays in accessing it and the €18,000 income threshold means many are excluded. There is no legal aid for people, often the most disadvantaged, aggrieved over employment and discrimination matters among others. Their options are to try and navigate a daunting court system themselves or rely on the body of lawyers willing to take their cases on a pro bono or no foal, no fee, basis.

The Chief Justice and Flac welcomed the recent announcement by the Minister for Justice of the establishment of a civil legal aid review group, chaired by retired chief justice Frank Clarke. Forty five civil society organisations had petitioned for such a review. Flac has pointed out that people living in poverty, disadvantage and exclusion often have multiple legal issues in matters like welfare and homelessness and that targeted legal services may be necessary to address this need, such as the Flac Traveller legal service.

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Barry is not exaggerating in describing the review group as long overdue. It is essential that its recommendations lead to the development of a legal aid system that is fit for purpose. The people deserve no less.

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