Minister Jim O’Callaghan publishes historic review of Civil Legal Aid Scheme
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The Minister for Justice, Home Affairs and Migration Jim O’Callaghan TD has today published the first review of the Civil Legal Aid scheme since its introduction in 1979.
Publishing both majority and minority reports from the Independent Review Group, Minister O’Callaghan said:
“Access to justice is a fundamental right, central to the rule of law and a cornerstone of mature democracies. Ensuring people have an opportunity to exercise their rights and to seek legal resolutions to matters is important for the wider public good, especially as society evolves and more complex legal issues emerge.
“For almost 46 years the Civil Legal Aid scheme has been a critical aspect of the State’s efforts to enhance access to justice. However, as we all recognise, Irish society has changed considerably since the Scheme was established and demands on it continue to increase.
“Having a Civil Legal Aid scheme and a Legal Aid Board which is equipped to meet these changing needs in a timely fashion is critical to ensuring access to justice, particularly for those who have modest means.”
The Independent Review Group, chaired by former Chief Justice Mr Frank Clarke SC, considered many aspects of the Scheme. In line with its terms of reference, aspects considered included the appropriateness of the current eligibility thresholds, the scope of the scheme, whether it should remain primarily a family law service and the scheme’s relationship to other forms of state-supports for public and private litigation.
The chairperson of the Review Group submitted reports from a majority and minority of its membership to the Minister, both of which are being published today.
Acknowledging that the Review Group did not reach consensus on all matters, the Minister continued:
“Both reports note several aspects of the existing scheme which the members feel need to be reformed, including financial thresholds for determining eligibility, and the types of legal cases that the scheme should cover.
They also recommend provision of a wider range of appropriate services to help people to resolve their legal issues.
Both reports refer to the need for legal needs surveys to better inform our legal support service planning into the future. I am pleased to say that, with the support of the European Commission and the OECD, Ireland will administer its first nationally representative legal needs survey over the coming weeks. Initial results are due in the autumn. This survey will provide invaluable insights and assist in the consideration of the broader implications of the Review’s recommendations.
Chair of the Review Group, Retired Chief Justice Frank Clarke noted:
“This Review marks the first comprehensive examination of the Civil Legal Aid Scheme in nearly 50 years. Setting out a principle-based, strategic framework for a modern system of civil legal aid in Ireland, its recommendations offer a clear roadmap to transform how the State supports access to justice.
“The radical reforms proposed represent a critical shift in how legal support is understood and delivered, laying the foundations for a more responsive and user-focussed system for the future.”
Outlining the next steps, Minister O’Callaghan concluded:
“I want to thank the former Chief Justice, Mr Frank Clarke for leading this review, as well as the contributions made by all members of the Independent Review Group. Their comprehensive work and the outputs represent an important part of the ongoing reform of our civil justice system, with the aim of enhancing access to justice for all.”
“There is much to be considered in the work undertaken by the Group. There are both short-term issues that require attention and long-term recommendations that need further consideration and engagement. I will now give consideration to the recommendations with my officials and I will bring proposals for reform to government in due course.
The reports are available at the end of this page.
ENDS
Notes for Editors
In June 2022, the then Minister for Justice established a Review Group, chaired by former Chief Justice Mr Frank Clarke SC, to review the Civil Legal Aid Scheme.
The Review Group engaged in extensive stakeholder consultation, comparative research on other international jurisdictions, financial analysis and met on 40 occasions to analyse the current operation of the Scheme and make recommendations for its future, bearing in mind the resources available to fund it.
The Review Group adopted a systematic and strategic approach to the review, recognising both the expectation to address immediate issues with the current scheme and the broader opportunity to consider how it fits within the wider legal support landscape.
Central to its work was the principle of access to justice. Additionally, the Group had full regard to significant reforms already underway across the civil justice system and the importance of aligning with the broader reform agenda.
In April 2025, both a majority and minority report were submitted to the Minister for Justice.
Membership of the Review Group
- Mr Frank Clarke SC, Retired Chief Justice (Chair)
- Mr. Thomas (Tod) O’Mahony – Legal Aid Board nominee
- Ms. Sara Phelan SC – Bar of Ireland nominee
- Ms. Áine Hynes - Law Society nominee
- Mr. Bernard Joyce – Director of the Irish Traveller Movement
- Dr. Liam Coen – Department of Justice nominee
- Professor Niamh Hourigan – Sociologist and VP of Academic Affairs – Mary Immaculate College, Limerick
- Professor Tom O’Malley SC – Senior Lecturer in Law, NUI Galway
- Professor Frances Ruane – Economist, Chair of the NCPC and former Director of the ESRI
- Ms. Eilis Barry – Free Legal Advice Centre (FLAC)
- Mr Daniel O’Callaghan, Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation
