Criminal Legal Aid

Dáil Éireann Debate, Tuesday - 31 May 2016

Tuesday, 31 May 2016

Questions (100)

Jonathan O'Brien

Question:

100. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality to expand on the programme for Government pledge to clamp down on potential abuses of the criminal legal aid scheme; the number of times this abuse has been detected during each of the years 2011 to 2016 to date; the definition of abuse of this scheme that her Department is using for the purposes of identifying abuse; and the legal remedies available when abuse is detected and proven. [12519/16]

Written answers

Tánaiste and Minister for Justice and Equality

The Programme for Partnership Government states that a more rigorous and objective means testing process for applications for criminal legal aid will be introduced along with increased sanctions for the making of false declarations by applicants.

Proposals for new Criminal Legal Aid legislation are currently being prepared to update and strengthen the system of granting legal aid including transferring responsibility for its administration to the Legal Aid Board. Key to the better governance of the Scheme will be a provision which will make it mandatory for all applicants for legal aid to complete an application form along with a detailed statement of means. The proposed measures would include provisions to enable the Board to investigate the means of a person to whom legal aid was granted and, where abuse is detected and it is proven that false or misleading information was provided, such a person shall be guilty of an offence and shall be liable on summary conviction to a fine and or imprisonment.