Financial contribution requirement for legal aid scrapped in domestic violence cases

The requirement for a financial contribution from applicants for civil legal aid in domestic violence cases in the District Court has been scrapped as of the start of the year.

Justice Minister Charlie Flanagan said the move, long backed by the UN and some of Ireland’s leading legal bodies, would “help ensure that victims of domestic violence feel confident about turning to the courts”.

He added: “I am continuing to strengthen the law in this area and Minister David Stanton and I have been working on new legislation.

“The Domestic Violence Bill consolidates and reforms the law on domestic violence; and includes measures around access to barring orders, protection against cross-examination conducted in person and the provision of victims’ information on domestic violence support services by the Courts Service.

“The Bill has been passed by the Seanad and was introduced to the Dáil earlier this month. This change shows the ongoing commitment by this Government to tackle the issue of Domestic Violence.”

The change relates specifically to cases where an order is sought pursuant to the Domestic Violence Act 1996. There were 15,227 such applications in 2016. Prior to the funding requirement change, the Legal Aid Board waived contributions in around a fifth of cases.

The Board said the amendment can be accommodated within its 2018 budget allocation of €40 million, despite concerns raised by the Law Society of Ireland and FLAC last October.

Philip O’Leary, chairman of the Legal Aid Board, said: “The Board has been concerned that where issues of domestic violence arise, there should be no barriers to seeking a Domestic Violence Order from a District Court and to the extent that a financial contribution for legal aid acts as a barrier, both the Board and I very much welcome the Minister’s decision to remove that contribution.”

Éilís Barry, chief executive of FLAC, added: “FLAC welcomes Minister Flanagan’s decision. It is really important that this change has come in advance of the enactment of the new Domestic Violence legislation. This decision should allow more people to avail of the new protections afforded in the Domestic Violence Bill 2017.”

She added: “The Legal Aid Board is a central component in the administration of Justice and the rule of law and this needs to be recognised in its budgetary allocation.

“The Department of Justice and Equality should review the allocation of financial and human resources to the Legal Aid Board on the introduction of any new legislation that is likely to impact on civil legal aid services, such as the Domestic Violence Bill 2017.”