More measures will be introduced in 2020 to help Singaporeans who cannot afford legal aid, Senior Minister of State Edwin Tong said at the Ministry of Law's (MinLaw) Committee of Supply debate on Friday, Feb. 28.
Tong stated that one of MinLaw's focuses for the upcoming year is to "ensure that every Singaporean is confident of effective access to justice", including "the most vulnerable amongst us."
1) Increased flexibility to grant civil legal aid
Tong said that a change implemented this year is the increased flexibility to grant civil legal aid.
Applicants who do not satisfy the means criteria, but are unable to afford basic legal services without otherwise causing significant hardship to themselves and their families, may have their applications reviewed by an independent Means Test Panel.
Previously, the application would be automatically rejected if a party failed the means test.
The panel may also waive the means criteria for deserving applicants.
However, the grant of aid will continue to be subject to the merits test, to ensure that applicants have good reasons to bring or defend their cases under the law.
2) New means criteria for CLAS
Tong said that MinLaw has been working with its partners on the Criminal Legal Assistance Steering Committee (CLA SC) to review the means criteria for the Criminal Legal Aid Scheme (CLAS).
In 1985, the Criminal Legal Aid Scheme (CLAS) was set up to provide criminal legal assistance to accused persons who were unable to afford their own lawyers.
This year, MinLaw has been working with the Law Society Pro Bono Services (LSPBS) to review the means criteria for CLAS.
The LSPBS received an average of 2,400 applications per year between 2015 and 2019.
MinLaw will adopt the means criteria and limits which are currently used for civil legal aid for CLAS:
- The average of the applicant’s Per Capita Gross Monthly Household Income (PCHI) must be $950 or lower for the last 12 months prior to the application
- Annual Value of applicant’s place of residence must be $13,000 or lower
- Applicant’s savings and non-CPF investments must be $10,000 or lower
The new means criteria will simplify and shorten the application process for CLAS as applicants will no longer need to provide proof of certain specific categories of income, assets, and expenditure such as the surrender value of life policies.
However, it will "still maintain the rigour of the means test," according to Tong.
The changes will be implemented in the coming year and there will be no material impact on the number of households eligible for criminal legal aid.
3) Cultivation of strong pro-bono culture
Thirdly, MinLaw will work with LSPBS, the legal fraternity, and community partners to provide legal help through Community Legal Clinics, and various legal literacy and legal assistance programmes.
Tong states that the Government will continue to work with the Law Society and the Law Schools to cultivate a strong pro-bono culture within the legal profession.
This will take place by exposing law students to pro-bono work early, including through structured internships at the Legal Aid Bureau (LAB).
4) Reduced operational costs of firms
Finally, the Singapore Academy of Law will be launching a collaborative workspace called “CLICKS @ State Courts”.
The aim is to help firms adopt technology by providing them with shared amenities and facilities such as meeting rooms and office equipment.
By reducing operational costs, firms can focus on providing accessible and affordable legal services.
Faster service delivery for legal aid
In addition to the above measures, a number of key initiatives will also be introduced to improve service delivery for legal aid.
MinLaw has just launched the revamped Applicant Portal for civil legal aid, and new features will be included over the next few weeks.
When completed, the portal will do away with the need to appear in person to complete the means test and statement taking.
It was also reduce the need for applicants to provide information the Government already has by tapping on MyInfo to provide personal details and income information.
This will reduce processing time by at least two weeks and allow applicants to check the status of their cases.
Top image via Govsingapore on YouTube