The number of cases handled by the Legal Aid Board last year fell by 16 per cent last year, mainly due to a drop in demand for its Refugee Legal Service, new figures show.
The board dealt with 16,700 in 2004, compared to 19,400 the previous year, according to the body's annual report published today.
Noeline Blackwell, FLAC
However, there was a rise of 11 per cent in court cases in which legal aid was granted. This was due to a reduction in the number of District Court cases referred to private practitioners and the fact that legal aid centres took on such cases.
Most of the cases in which legal aid was provided last year related to divorce or separation and other family law matters.
Chairwoman of the Legal Aid Board Anne Colley said last year had been "particularly challenging" but she welcomed a substantial increase in funding for 2005.
A High Court ruling last year in a case over the delays in the service cited the absence of resources to meet the demand that existed for the Legal Aid Board's services.
FLAC, the independent human rights organisation campaigning on justice issues, said today the current legal aid system was "seriously deficient".
"Because of an outdated and unrealistic means test and an overly narrow focus on family
law, many who need and deserve a legal aid service do not get it, in clear breach of their civil and human rights," FLAC said in a statement.
FLAC director general Noeline Blackwell said: "The entire means test needs a comprehensive overhaul so that eligibility for legal aid reflects the actual cost of living, and the cost of legal services."
"The current test takes no account of child care costs over €21 a week or accommodation costs (including rent) over €94.50 per week. No allowance is made either for the cost of loans or expenses of travel to work.
"The result is a legal aid scheme which is available only to those living entirely on social welfare or on extremely low incomes."
Speaking as the report was published this afternoon, Minister for Justice Michael McDowell noted that the demands of the "essential" service had grown more complex over the years as new areas of work had come on stream.
"Like many other public services, the board often had to compete for scarce resources during periods of considerable fiscal difficulty for the Exchequer. Notably, the introduction of new legal remedies to deal with marital breakdown has had a significant impact on the board's work and, more recently, the board has had to develop new skills and expertise for the Refugee Legal Service," he said.