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Dáil Éireann debate -
Thursday, 5 Aug 1971

Vol. 255 No. 19

Ceisteanna—Questions. Oral Answers. - Legal Aid.

48.

asked the Minister for Justice if he will amend the legal aid regulations to provide for legal aid in cases where a plea of guilty is offered.

The only case in which there is no provision for legal aid where a plea of guilty is offered is where a person charged with an indictable offence, other than murder, treason, piracy or an offence referred to in the Geneva Conventions Act, 1962, pleads guilty in the district court and is sent forward for sentence to the circuit court. An extension of the legal aid scheme to cover that type of case would entail a change in legislation and not in the regulations.

Is the Minister aware that district courts are refusing legal aid certificates in cases where pleas of guilty are offered and in cases other than those the Minister has mentioned on the grounds that the regulations enacted do not provide for them?

No. As a result of the passing of the Criminal Procedure Act, 1967, a certain limited category of cases where a plea of guilty is made seemed inadvertently to be taken outside the scope of the legal aid scheme and when an amendment of the legal aid legislation is envisaged I certainly propose to insert a section which would cover that situation. The granting or otherwise of legal aid is a matter entirely within the discretion of the district court or the appropriate court and it is open to them to grant or refuse it in the appropriate cases.

I appreciate that, but I want to put it to the Minister that the regulations as drafted at the moment appear to preclude the district court from exercising any discretion in a case where there is a plea of guilty. This is the interpretation being put on the regulation by the district court and I do not think they have any choice but to put that interpretation on it. It is working a great hardship, especially in the children's court in Dublin.

My information is that that is not so, that there is a limited number of cases where there is a plea, inadvertently taken out of the scope of the Legal Aid Act. I will rectify that at the earliest opportunity.

In view of what the Minister has said as to what is the position with regard to interpreting the legal aid regulation, would he look into it and if he finds out that what I say is correct perhaps he will indicate to the district courts that their interpretations have been wrong in regard to those regulations?

I will certainly look into what the Deputy says but I do not think I could instruct the district courts that they are wrong.

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