ACCESS TO LEGAL AID

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ACCESS TO LEGAL AID: 3.

Ms Eunice Elizabeth Olsen asked the Deputy Prime Minister and Minister for Law (a) how access to legal aid is determined; (b) what is being done to ensure that those who are in need of legal aid are able to receive it; and (c) whether more can be done so that the net of legal aid can be cast wider.

Prof. Jayakumar: Mr Speaker, Sir, legal aid is available to Singapore citizens and Permanent Residents who satisfy the "means test" in our legislation based on the applicant's financial circumstances and whose civil case satisfies an independent panel of solicitors on the "merits test", that is, the applicant has a reasonable legal case in his favour.

The means test and merits test ensure that public funds are properly used to help the needy on their legal claims. Over the years, we have expanded the "means test" to take into account the cost of living and other factors. It was last revised in April 2001, where the disposable income limit was increased from $7,000 to $10,000 per annum and the allowable deductions for calculating the disposable income was increased to $3,000 for the applicant and $2,000 for each dependant.

Let me assure the Member that, with this more generous means test, a family

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of, say, four, comprising two parents and two dependent children where only the husband is working, will satisfy the means test for legal aid if the father's gross monthly income is about $1,900 (after making deductions for himself, CPF and his dependants).

I also want to assure the Member that more applicants now satisfy the means test. In FY2004, 92% of the applicants satisfied the means test, up from 90% the previous financial year and 81% in FY 2001. In the first three months of FY2005, 93% of applicants satisfied it, in other words, fewer applicants are now being turned away.

With this improved situation, and the last revision being just four years ago, I do not see an urgent need to expand the scope of legal aid. But let me, however, assure the Member and the House that we continually review the means test and will be prepared to adjust it whenever necessary. For example, since 2002, we have made it even more convenient for Singaporeans to assess if they are eligible for legal aid by getting staff at the Marine Parade and Woodlands Community Mediation Centres to help applicants apply the means test to their individual circumstances.

Those who do not satisfy the means test are not without recourse. The Legal Aid Bureau furnishes them with a list of the many free legal aid clinics that are run by voluntary groups, such as the Singapore Association of Women's Lawyers. The Legal Aid Bureau duty officers will also advise unsuccessful applicants on how to tap these community services.