Legal Aid
3 March 2017
Budget Cut at Committee of Supply 2017
19 February 2018
Number of Applicants Who Applied for Legal Aid from 2013 to 2017
2 March 2018
Budget Cut at Committee of Supply 2018
Louis delivered his budget cut on Granting of Legal Aid at Committee of Supply 2017.
Louis: The Second Schedule of the Legal Aid and Advice Act sets out the requirements that have to be satisfied for the grant of legal aid. There is some form of discretion given to the Director of Legal Aid but there are conditions attached to the exercise of these decisions. As a result, some truly deserving cases fall through the crack and legal aid is not granted. Will the Minister consider an amendment to the Act to allow for appeals to the Minister, for legal aid for such cases provided that the Director grants leave for such an appeal?
Ms Indranee Rajah (The Senior Minister of State for Law): The Legal Aid Bureau provides civil legal aid to less-privileged Singaporeans who pass the means and merits test. The means test framework is regularly reviewed to allow persons of limited means to qualify for legal aid. In 2013, the qualifying criteria were updated to allow approximately 25% of Singapore citizens and permanent residents to qualify for legal aid, up from 17% previously. This translated to about 300,000 additional Singapore citizens and permanent residents who can potentially qualify for legal aid.
In response to Mr Louis Ng's and Mr Murali Pillai's queries, the discretion to depart from the general means test already exists for certain vulnerable groups of people, such as those who face hardship or who are involved in certain family proceedings, to qualify for legal aid. In 2007, we amended the means test criteria to help persons facing hardship, such as sudden mental or physical disabilities, or the sudden loss of income. In 2013, we amended the means test criteria for persons in family proceedings involving children or protection orders, in order to protect the most vulnerable persons in family disputes.
We will continue to review and update the means test framework and qualifying criteria to ensure access to justice for people who cannot afford to hire their own lawyer. This includes considering whether additional discretion should be granted to the Director of Legal Aid or other authority for exceptional cases.
Louis asked the Minister for Law for each year in the past five years, how many applicants applied for legal aid and of these applicants, how many failed at the stage of (i) the means test and (ii) the merits test.
Mr K Shanmugam (MinLaw): The Legal Aid Bureau provides Legal Aid, Legal Advice, and Legal Assistance (e.g. drafting of wills) to lower income Singaporeans and Permanent Residents. Legal Advice and Legal Assistance applicants only need to pass the means test, while Legal Aid applicants have to pass both the means test and the legal merits test.
The data from 2013 to 2017 for those who applied for Legal Advice and Legal Assistance is set out in the following table:
The data from 2013 to 2017 for those who applied for Legal Aid is set out in the following table:
The number of applications which went through the merits test is lower than the number of applications which passed the preliminary means test, because many applicants of Legal Aid who passed the preliminary means test subsequently withdrew their applications, became uncontactable, or were later found to be above means. Applicants with urgent cases may also have been assisted under a Provisional Grant of Aid before they went through the merits test.
Louis delivered his budget cut on Improving Access to Legal Aid at Committee of Supply 2018.
Louis: Sir, last year, I asked whether some form of discretion can be given to the Director of Legal Aid when granting legal aid. Senior Minister of State Indranee replied that they will review and update the means test and qualifying criteria to ensure access to justice for those of limited means.
In 2017, 92% of applications passed the means test, while 87% passed the merits test. While it is heartening to note that a large majority is granted legal aid, there may nevertheless be cases that fall through the gaps. It was stated that the review would include considering granting discretion to the Director of Legal Aid for exceptional cases that do not pass the means and merits test. Can MinLaw provide an update on this review?
Further, how will MinLaw ensure that persons of limited means continue to have access to civil and criminal legal aid?
Mr K Shanmugam (The Minister for Law): Dr Tan Wu Meng and Mr Louis Ng asked if we would review our means test, so more Singaporeans can be helped. We are doing so, and will announce details when ready, later this year.
Even as we seek to help more, our guiding principle is that our system should assist those with meritorious cases but who really cannot afford a lawyer.
(Supplementary Question) Louis: Can I just check with the Senior Minister of State whether discretion can be granted to the Director of Legal Aid when granting legal aid?
Ms Indranee Rajah: That is one of the things that we will consider in our review.