It has been announced that there will be a restructuring of the Legal Aid Board whereby all civil and criminal matters will be dealt with by the Board together with family mediation. This comes at a time when there is increased pressure on the Board largely due to the economic climate. It has also been reported that criminal legal aid applicants could face random means-testing.
It appears that more people are eligible for legal aid due to reduction in income together with unemployment and debt which can often lead to family breakdown. However, new methods have been implemented to deal with this increased pressure and it has been argued in an Irish Times editorial that the refugee legal aid service should enable resources to be reallocated.
Now that family mediation is also within the Board's remit, this could enable matters to be dealt with outside of the courts. The editorial that if there are further cuts in this area, it will lead to unrepresented cases and an increase in lay litigants - "[s]uch cases can be vastly more difficult and time-consuming and an increase in their number will greatly reduce the efficiency of an already stretched court system."
Although criminal legal aid is now also within the Board's remit, the government intends to reduce the criminal legal aid budget in 2012 which may result in reducing access to justice for those who may be already marginalised or disadvantaged. The demand for criminal legal aid is largely governed by prosecutions brought by the Gardaí, however cases are very often adjourned. The Irish times has said this issue should be addressed before further cuts are imposed as this would greatly affect the disadvantaged.
Click here to view FLAC's information leaflet (or "FLACsheet") on Legal Aid.