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Dáil Éireann debate -
Tuesday, 19 Apr 1988

Vol. 379 No. 6

Written Answers. - Criminal Legal Aid Scheme.

15.

asked the Minister for Justice if he will review the criminal legal aid scheme to ensure that the assets of individuals are fully considered before granting such aid; if he will assign the responsibility of investigating the wealth of individuals to a new officer; and if he will make a statement on the matter.

I have no function in relation to the granting of criminal legal aid; this is entirely a matter for the courts under the provisions of the Criminal Justice (Legal Aid) Act, 1962. Under the Act an applicant must establish to the satisfaction of the court that his means are insufficient to enable him to pay for his own defence. He may be required by the court to furnish a written statement of his means for this purpose.

Any person who, for the purpose of obtaining free legal aid, knowingly makes a false statement or false representation either verbally or in writing, or knowingly conceals any material fact, is guilty of an offence under the Act, and is liable to prosecution.

The criminal legal aid scheme is being reviewed at present in my Department, to see what changes may be needed, including any changes needed to eliminate possible abuses of the scheme. Any proposals that I may have to amend the scheme following on that examination, will be announced in the usual way.

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