I propose to take Questions Nos. 149 and 479 together.
I take it the Deputy is enquiring about criminal legal aid. I am sure the Deputy will appreciate that persons before the courts on criminal charges are dealt with on the basis of the presumption of innocence.
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Funds are provided through my Department's vote for the administration of the Scheme with a sum of €43.5m allocated for this purpose in 2007. Expenditure for each of the past 4 years is set out below:
|
Year
|
Expenditure
|
|
€m
|
|
2003
|
37.353
|
|
2004
|
34.140
|
|
2005
|
40.208
|
|
2006
|
42.093
|
Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal representation for him/herself. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. I have no function in these matters which are determined by the judiciary. The provision of information on the courts system such as the number of persons refused legal aid certificates is a function of the Courts Service under the Courts Service Act 1998.
The Deputy may wish to note that, under the 1962 Act, an applicant for free legal aid may be required by the court to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid. This is currently under review in my Department.
