Department of Justice running €1.3 million over budget due to increase in asylum seekers

Ken Foxe

The Legal Aid Board told the Department of Justice it was running €1.3 million over budget as it dealt with a vast increase in cases involving asylum seekers.

In a series of letters, the board’s senior management said they were struggling with “staff retention issues and low morale” due to their workload.

A letter in February said despite an increase in their allocation, they were running at least €1 million over budget which they said was a matter of “significant concern.”

In later correspondence, their chief executive told the department that they were headed for a 2025 pay bill of at least €33.5 million despite only having an allocation of €32.4 million for pay.

Even with that, there were 34 vacancies in the Legal Aid Board and the board was warning of “very serious impacts on service provision.”

Chief executive Joan Crawford told the department in May that without a further increase in budget, they would be forced to immediately cease hiring staff.

She wrote: “This will have a drastic impact on the operation of the Legal Aid Board and will render it impossible for [us] to provide the services that [we are] required to provide under statute.”

Ms Crawford said some law centres would be left with no option but to close to new applications to deal with a backlog of cases.

She said this could leave certain counties without access to a local law centre placing further pressures on nearby centres.

Ms Crawford said cases would have to be prioritised meaning cases involving divorce, separation, child custody and guardianship being put on the long finger.

The Legal Aid Board also warned their budget constraints were having a knock-on effect on the courts and judges.

The letter said: “This is leading to delays in dealing with the conclusion of cases in already difficult situations and where the interests of children are involved.

“Often issues such as the necessity for a voice of the child report or welfare report are only identified on the appointment of a solicitor further causing delays for all involved.”

Ms Crawford said the enormous pressure on staff was leading to staff departures and dissatisfaction from clients.

“In all areas across the Board, the non-filling of vacancies will create well-being and morale issues, with staff feeling under pressure,” she wrote.

“As it stands, the Board is regularly losing staff with experience and expertise to other state bodies and government departments who can offer better conditions and better working environments with less pressure due to adequate resourcing.”

A previous letter to the Department of Justice from June 2024 said one of the biggest drivers in demand was “the exponential increase” in cases involving asylum seekers.

It said the introduction of ‘accelerated’ processes for dealing with applications for international protection had complicated their work.

The correspondence said: “Early legal advice is key, and this is very challenging with the current service delivery model.”

The board warned the Department of Justice that a shortfall in staff could lead as well to longer stays in international protection for applicants.

“Additionally, it could give rise to costly and lengthy litigation in the superior courts,” they said.