Dáil Éireann Debate, Tuesday - 12 February 2013
492. Deputy John O'Mahony asked the Minister for Justice and Equality his plans to introduce restrictions on the number of times a person can claim free criminal legal aid; and if he will make a statement on the matter. [6791/13]
View answer493. Deputy John O'Mahony asked the Minister for Justice and Equality if it is legally possible to introduce a ban on free criminal legal aid for persons with multiple convictions; and if he will make a statement on the matter. [6792/13]
View answer495. Deputy John O'Mahony asked the Minister for Justice and Equality if there is a system in place to carry out a means test for free criminal legal aid; and if he will make a statement on the matter. [6794/13]
View answer497. Deputy John O'Mahony asked the Minister for Justice and Equality the reason there has been a delay in handing over the free legal aid scheme to the Legal Aid Board to administer; when this is due to happen; and if he will make a statement on the matter. [6796/13]
View answerI propose to take Questions Nos. 492, 493, 495 and 497 together.
Under the Criminal Justice (Legal Aid) Act 1962, free legal aid may be granted by the court in certain circumstances, for the defence of any person of insufficient means in criminal proceedings. 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 aid and 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. The court may require the applicant to furnish a statement of his/her means. The granting or refusal of criminal legal aid is a matter determined by the judiciary.
Total expenditure on Criminal Legal Aid for 2012 came to €50.5 million, a reduction of 10% over 2011. This reduction in the annual expenditure is the largest ever recorded and represents a fall of approximately €10 million, or 16%, over the peak recorded in 2009. The reductions follow savings measures I have introduced since coming into office including cuts to fees during 2011. Other measures are being introduced with a view to speeding up criminal cases, cutting down on adjournments etc. I am also considering, in the context of legislation currently being drafted, measures to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. The Bill is likely to include provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute cases of abuse. Provision to give power to the Board to recover the costs of criminal legal aid in certain circumstances or to make application to a court to revoke a criminal legal aid certificate are also under consideration.
These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976]I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. Therefore, I have no plans at present to restrict the number of times a person can apply for legal aid.
I hope the Deputy will appreciate that, while every effort is being made to contain costs, my overriding concern must be to ensure that any person charged with a criminal offence cannot evade trial. Drafting of the legislation, which includes the transfer of administration to the Legal Aid Board, has not progressed to date due to other legislative priorities in my own Department and the Attorney General's Office but I hope to publish the Bill later this year.
