Means test for legal aid 'needs to be expanded'

A retired district court judge and politician has urged Ministers within the Department of Justice to continue to legislate to ensure that people from every sector of society can access legal aid.

Westport-based solicitor Patrick Durcan, who served in Seanad Éireann in the 1980s, was the guest speaker at last Friday’s launch of the new Legal Aid Board Law and Family Mediation Centre in his native Castlebar.

Mr Durcan said he began studying law in 1968 when there was no framework for family law in place. He praised legislators for the work done in the interim to create this framework.

“As a young solicitor, I was so conscious that this was a country with no system or framework for Family Law. The first Family Law class taught in this country was in 1971 in University College Dublin for the LLM degree. I was in the second class for the following year,” he said.

“I want to pay tribute to politicians over the last 50 years, like Minister of State Niall Collins who is here today, for putting in place the corpus of Family Law system we have now.” 

However, he said there are still issues with access to legal aid and he advised Minister Collins and Minister of State Alan Dillon, who was also in attendance, to bring the issue to the attention of the Minister for Justice Jim O’Callaghan.

“There are a few issues to be resolved in relation to the Legal Aid Board. The service is wonderful but the entry level is very precise and very select so that the means level that entitles you to legal aid is extremely low,” said the former district court judge. “It is a political issue and I want to say to the two ministers present to please press the senior minister at the Department of Justice to ensure that the entry-level is raised so people of limited means can acquire legal aid where necessary.” 

Mr Durcan said the new Castlebar centre was servicing some very peripheral areas on the western seaboard, adding that it was important to ensure that people from every corner of the county are aware of the support the Legal Aid Board can offer them.

“There is a need in the further working of this legal aid centre to ensure communications with the periphery is paramount and that people in Blacksod and the furthest ends of this county have access,” he said.