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Publication of Civil Legal Aid Review reports is a “landmark opportunity” for access to justice in Ireland; FLAC calls for implementation of Minority Report recommendations

24 July 2025

Minority Report

  • The Minister for Justice has published the reports arising from the Review of the Scheme of Civil Legal Aid. FLAC campaigned for the review, which is the first comprehensive examination of civil legal aid in Ireland in almost 50 years. The Review Group was chaired by former Chief Justice Frank Clarke SC.
  • Eilis Barry (FLAC Chief Executive) was the FLAC nominee on the Review Group. She submitted a minority report to the Minister which was joined and supported by Review Group member Professor Thomas O’Malley SC. This minority report highlights that the majority report “does not sufficiently reflect that the system of public legal assistance is in crisis and its recommendations do not respond with sufficient urgency and detail to that crisis” and “has an overemphasis on ‘limited resources’ being available to fund legal aid services.”
  • The extent of the current legal aid crisis and the effects of the under-resourcing of legal aid were recently highlighted in correspondence sent by the CEO of the Legal Aid Board to the Minister (published in the media earlier this week) which described “staff retention issues”, “low morale” and “very serious impacts on service provision".
  • FLAC endorses the minority report and is calling for the implementation of its recommendations. FLAC has published a Briefing Note about the minority report.

Eilis Barry, FLAC Chief Executive, commented today:

“The publication of the reports of the Civil Legal Aid Review Group must provide the impetus for long-overdue comprehensive reform. It is incredibly difficult to achieve change in the area of civil legal aid, due perhaps to a perception that it is about more money for lawyers. This ignores the very high cost of not providing legal aid to children, families and communities, and the growing body of international research that shows unequivocally that investment in legal aid saves States more money than it costs. Civil Legal Aid needs to be treated like the vital public service which it is. A lack of resources can no longer be used as an excuse to prevent urgent progress.

Ireland has the resources, expertise and infrastructure to resolve the civil legal aid crisis. Comprehensive, meaningful reform is doable, practical and cost effective with the service delivery infrastructure already in place with Legal Aid Board Law Centres, the Citizens Information Board and its Citizens Information Centres all around the country, and the existing Independent Law Centres serving as models for what can be achieved. What is needed now is political will, leadership and action.

We have now arrived at a landmark opportunity for reform in the area of civil legal aid. Separate to the Civil Legal Aid Review, the ‘Migration Pact’ requires the State to introduce new forms of public legal assistance for international protection applicants, including early information and advice (both of which should be mainstreamed into all areas of the legal aid system). FLAC has asked to meet the Minister for Justice to discuss how the urgently needed reform in this area will be advanced.”

ENDS.

  • The Civil Legal Aid Majority Report may be accessed here.
  • The Civil Legal Aid Minority Report may be accessed here. FLAC’s Briefing Note about minority report is available here. 

FLAC (Free Legal Advice Centres) is an independent legal, human rights and equality organisation, which works in a number of different ways to promote equal access to justice. FLAC is at the coalface of the civil legal aid crisis:

  • In 2024, our Telephone Information and Referral Line received over 53,000 calls. We could only respond to 11,435 queries (i.e. 21% of calls received). FLAC also provides Phone Legal Advice Clinics.
  • Our independent law centre provides targeted legal services for the Traveller and Roma communities and also undertakes public interest litigation (i.e. cases which may have an impact beyond the individual). It mainly provides representation in areas which are not covered by the current scheme of civil legal aid, namely housing, social welfare and discrimination.
    • FLAC also operates PILA which facilitates NGOs to obtain legal assistance from private lawyers via its pro bono referral scheme.
    • FLAC makes policy recommendations in relation to areas of law that most impact on people living poverty and disadvantage, including equality and anti-discrimination law, social welfare law, credit and debt law, housing law, human rights law, and access to justice. This includes policy reports and submissions to national and international bodies, including Oireachtas Committees and human rights monitoring bodies.

 

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