Minister O’Callaghan Speech Civil Legal Aid: From Review to Reform - 12 January 2026, Trinity College Dublin.

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A dhaoine uaisle, a chairde go léir.

Ar dtús, ba mhaith liom fáilte mhór a chur roimh gach duine anseo. Agus ba mhaith liom mo bhuíochas a ghabháil le Coláiste na Tríonóide agus le FLAC as an gcuireadh a thug sibh dom bheith anseo maidin inniu ag an gcomhdháil fhíor-thábhachtach ar fad seo. Agus caithfidh mé a rá gur mór an onóir dom a bheith anseo mar Aire Dlí agus Cirt.

Chief Justice, ladies and gentlemen, it’s a great honour for me to be here this morning and I want to start by thanking Eilis Barry of FLAC for inviting me, or more accurately I suppose I should say, directing me to be here this morning to open this Civil Legal Aid conference.

I want to say, it is a pleasure to be here, as well as thanking Eilis and FLAC, I also want to thank Trinity College.

I think it’s also apparent that after me, you will have a very serious collection of distinguished speakers here. And I think it’s a reflection of the seriousness with which this issue is treated, that you have here today the Chief Justice Donal O’Donnell and indeed former President of the European Court of Human Rights, Síofra O’Leary. I want to welcome them here and I also want to recognise the fact that both of them have been elected to highly prestigious positions within Europe in respect of the judiciary.

Recently Chief Justice O’Donnell was elected as President of the network of Presidents of the Supreme Judicial courts of the EU. I want to congratulate him on that. And of course, Síofra O’Leary previously was elected as president of the European Court of Human Rights.

I want to say that on behalf of Ireland it is a great achievement for us to have achieved such distinguished positions on behalf of Irish Judges. And I also derive great pleasure from the fact that judges sometimes have to put themselves forward for election. And I commend them for doing that.

It is also the case that later on today, my friend, Michael McGrath will be here to address you as well. As you know, Michael McGrath’s not the only European Commissioner for Justice. He also has responsibility for democracy and the rule of law

I think it is extremely relevant and important that Michael’s portfolio includes democracy and the rule of law. I’m sure if we were here 10 or 15 years ago, democracy and the rule of law would not have been seen as a necessary or important part of the portfolio of the EU Justice Commissioner. However, it is now probably one of the most important portfolio functions, within not just Michael’s portfolio but indeed within the entire Commission’s portfolio.

For many years, democracy and the rule of law were taken for granted, as though it was an integral and unmoveable part of our political and legal architecture, a precondition without which, nothing else could be developed

Regrettably, that is no longer the case and surprisingly we now need again to make the case for democracy and the rule of law.

The reason why democracy and the rule of law has served the world well is because it provides a clear mechanism for electorates to express their political preferences, for those preferences to be given legal effect and for that legal effect to be applied and enforced.

That mechanism provides that people vote for politicians to become members of legislative assemblies, those elected politicians then carefully and deliberately enact or amend laws. Those laws which have a clear democratic mandate, are then applied impartially and consistently by executive officeholders such as myself; and that is what is a rules-based system. And if the laws are not lawfully followed there are independent courts to call a halt.

The alternative to that, ladies and gentlemen, is that there is an arbitrary system that doesn’t have a democratic mandate, that doesn’t have a clear mechanism for the making or changing of laws, and which results in the arbitrary or capricious exercise of power by one arm of the State, particularly where it is permitted to do so by courts that are not independent.

That is a recipe for arbitrary power. That is why democracy, and the rule of the law are so important. It is important that we retain and protect that essential legal and political architecture in Ireland and indeed in the European Union.

There has been much commentary recently about Europe losing its geopolitical influence. That may appear to be the case at a time when military power is again viewed as the strongest form of influence. However, as we know, that will change with time and with the predictable consequences that history teaches us comes with militarily imposed solutions. But until it does it’s our job in this country and in the European Union to continue to advocate for the rule of the law and a rules based system. And the ‘sphere of influence’, a term that has been widely used now, of the European Union should be known as the sphere that is committed to democracy and the rule of the law. I think that is why it’s so important that Michael’s portfolio includes and emphasises democracy and the rule of law.

Can I now just say to you that as Minister for Justice, my priority is ensuring that Justice is administered fairly, efficiently and effectively for all seasons. My objective is to ensure that those who seek access to justice can gain access to justice. As Minister I am not responsible for the administration of justice, but I am responsible for ensuring that individuals can have access to justice.

Given the importance of a fair and accessible justice system as a part of ensuring respect for the rule of law, it is also one of my key priorities when Ireland takes over the presidency of the European Union on the first of July next.

I now want to talk briefly abut the Civil Legal Aid review and the legal needs survey that is at present being conducted. As you know it has been stated that I am currently considering the recommendations of the comprehensive review that was carried out. That was the first review carried for the past 46 years or so.

I would at the outset like to recognise the role played by the individuals who were on the review group. I want to thank, as Fiona has referred to, former Chief Justice, Frank Clarke. I want to thank Eilish Barry. I also want to that the representatives from the legal aid board, and the legal professional academia who were on the group.

It was also extremely important from my point of view as well, that there was a representative from the Department of Public Expenditure and Reform on that group. One of the big challenges I face, and it’s a challenge that you may not be fully aware of, is that I have to get the support of the Department of Public Expenditure if I want to commit to spending further money from within my own Department’s resources. It was extremely beneficial that there was an official from D/PER on that group.

The review group, as you know, carried out a comprehensive process of consultation, to ensure that its work was informed by a whole range of views and insights. However, there were two reports, there was a majority report and a minority report, and as Minister, I have no objection to the fact that I received 2 reports. In fact, I think it is a healthy sign of a review group that two reports were produced. But both the majority and minority reports pointed to several key areas for reform, such as the income threshold, allowances, and other financial aspects of the scheme.

While highlighting the need for reform, the review also recognises that the current legal aid system would function effectively in the meantime. And comprehensive reform would need to be sequenced, and to work in parallel with other ongoing civil justice reforms.

That means, for instance, that I have to ensure that I have a sufficient number of solicitors in place, when it is the case that the thresholds are increased, as that will necessarily increase the number of work that those solicitors will have to perform.

The recommendations of the report will also have to be considered with due regard to the findings from Ireland's first legal needs survey, which was recently completed with the support of the European Commission and the OECD.

This survey will provide invaluable insights into the extent of legal needs in Ireland. While preliminary results of the survey have been released, further analysis will be required before the full results are published.

And obviously, the legal needs survey is going to be very instructive in terms of identifying for us, what are the actual legal needs of the people living in this country for the purpose of receiving civil legal aid.

It's not something that I direct where the resources should go, but it is something that will be, I think, dependent upon and guided by the results of the legal needs survey.

I've asked officials of my Department to examine the recommendations of the review, particularly in light of these developments, and I’ll revert to government in due course with proposals to reform the civil legal aid fee.

I'd also like to take a moment to thank the legal aid board for its work in administering the scheme.

The board has been operating in an increasingly challenging and complex environment, particularly in recent years.

I recognise the vital role the board has played in ensuring that those applying for international protection have access to legal service.

I also want to acknowledge the proactive and engaged role that the legal aid board is playing in the governance and implementation structures for the International Protection Bill, which I’ll bring to government tomorrow, including through membership of the programme board, overseeing implementation.

Officials in my department will continue to work with the Legal Aid Board, in preparing how best to deliver counselling, in line with the bill and our commitments under the European migration pact.

I also was pleased to secure additional funding of €8 million for the legal Aid Board in budget 2026 to support a programme of modernisation and increase access to justice for its clients.

I also want to say as Fiona has status in a introductory comments, I fully acknowledge the critically important role that FLAC has played over the years. I'm well aware of that from my awareness from being in the legal profession. And I just want to commend FLAC for the outstanding work that they have done over so many years. I'm very pleased to see in the audience today Peter Ward, who was the chair of FLAC over so many years. I want to commend him for his outstanding commitment to Civil Legal Aid in Ireland for free legal advice.

The services that FLAC provides to citizens through free information, advice, and advocacy, and the impact of your work can never be overstated and should never be taken for granted.

I have to say that as Minister, I'm proud to say that Minister’s for justice have supported FLAC with grants and aid since 1992, and I was very pleased this year to ensure that there was a significant increase of 50% in funding under budget 2026 for FLAC, and I know that is money well spent.

The increased funding will allow FLAC to prioritise callers to the telephone information and referral line in that moment, which would include those impacted by domestic violence.

I understand that this would be achieved through technical improvements to the phone line queueing system, which will allow urgent queries to be triaged to top the queue.

So again, thank you, FLAC for your outstanding work, providing access to justice for those in most need.

Obviously, it is essential as well, then I try to reform the civil legal system to ensure that the sole focus of it is to improve the ability of individuals who seek access to justice.

You'll be aware that a civil legal aid scheme needs to have a civil justice system that is effective and efficient. A number of years ago, former President of the High Court, Mr. Justice Peter Kelly produced a report on the administration of civil justice that included over 90 recommendations. I'm committed to introducing a legislation, the recommendations, many of the recommendations within that report.

It is essential that we ensure that the court systems are designed exclusively for the benefit of people who receive access to justice, not for the interest of lawyers or the convenience of other groups. It is about positing the best interests of individual seeking access to justice.

Some of the issues that have received attention are proposed to respect to a judicial review, but there'll be significantly more in respect of it, in particular, in terms of trying to deal with what's become, a tyrannical situation, in many cases, where discovery has become an even larger objective nearly than the objective of the litigation itself, and I think we have to ensure that we assert control over the discovery or disclosure process, as it is acting, as a deterrent to non-institutional clients.

I also want to ensure that we continue to promote mediation as a mechanism of resolving disputes, the best form of resolution for individuals or litigants before the courts is for them to reach an agreement rather than having a court-imposed agreement.

And I know that the legal aid board pays a key role in provision of mediation through its free family mediation and service.

So, I want to thank you for inviting me here today. I want to commend you on organising this conference. I know you will be watching closely to find out what it is that I'm going to bring forward reforms. I'm committed to doing so.

I can’t give you a timeline in respect to doing it, but I think that the report produced by the minority and majority of reports produce are very good guidelines for me in terms of what I and government needs to do.

I thank you very much for listening to me. I'm very pleased to open this… [applause]