Dáil Éireann Debate, Tuesday - 17 May 2016
83. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality to review the circumstances and policies surrounding the allocation of free legal aid; and if she will make a statement on the matter. [9538/16]
View answerI wish to inform the Deputy that the provision of legal aid falls within two separate categories, that is, civil legal aid and criminal legal aid. Details in respect of each category are outlined below.
Criminal Legal Aid
Under the current legislation, the Criminal Justice (Legal Aid) Act 1962, free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. The courts, through the judiciary, are responsible for the granting of legal aid. As the judiciary are independent in the exercise of their functions, I have no role in these matters.
It must established to the satisfaction of the court that an individual's means are insufficient to enable him/her to pay for legal representation themselves. 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.
New Criminal Legal Aid legislation is currently being prepared to update and strengthen the system of granting legal aid, including transferring responsibility for its administration to the Legal Aid Board. The proposed measures include provisions to enable the Board to investigate the means of a person to whom legal aid was granted and, where it is determined that the person can afford to pay the costs or a portion of the costs, to direct that person to pay the amount calculated as being owed. Other measures include powers to revoke the criminal legal aid certificate and sanctions for providing false or misleading information for the purpose of obtaining legal aid.
Civil Legal Aid
The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations (1996 – 2013). The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain financial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations. The Board has a policy role in relation to the provision of civil legal aid and periodically it brings proposals to my Department. As an example, at the moment I am looking at amending the Regulations in order to enable persons at risk of losing their homes on account of mortgage arrears to get access to a solicitor on a legally aided basis at no cost and without reference to the normal financial eligibility criteria that apply.
