Legal Aid Board defers plan to restrict family law referrals

The plan had come under fierce criticism from The Bar of Ireland, and the Children’s Rights Alliance warned that it could impinge on the constitutional rights and wellbeing of children.

The Board said it had “taken on board the feedback and concerns” and the deferral would “allow time to re-examine alternative options”.

However, it “remains the Board’s wish to reduce the numbers waiting for its services and to explore all avenues that will enable it to do so”.

Paul McGarry SC, chair of the Council of The Bar of Ireland, said: “We are very pleased that the Legal Aid Board has heeded our warnings that the planned changes to the family law services would have severely impacted the most vulnerable members of our society.

“People eligible for legal aid dealing the most sensitive of family law matters, including access, custody, guardianship and maintenance orders, cannot be expected to join waiting lists rather than access the necessary legal supports in a timely manner as is facilitated by the private practitioner scheme “

“The impact of delays in family law matters can raise serious child protection concerns and may also impinge on people’s constitutional rights; issues so serious that budgetary concerns must not be allowed to impede access to justice.

“While we welcome today’s decision we are calling on the Minister for Justice and Equality to ensure the appropriate funding is afforded to the Legal Aid Board to ensure the protection of the private practitioner scheme going forward.”

Éilís Barry, chief executive of FLAC, said the deferral “will avoid distress, confusion and uncertainty for the applicants and their families and disruption for the courts”.