Dáil Éireann Debate, Tuesday - 27 July 2021
1368. Deputy Noel Grealish asked the Minister for Justice the categories of victims of crime that are currently entitled to free legal aid; the number that have availed of this service by year; and her plans to extend this to other victims of crime. [40023/21]
View answerAs the Deputy may be aware, the criminal legal aid scheme does not cover victims of crime - it only covers defendants. However, the Legal Aid Board does provide a free legal advice service to human trafficking victims and advice and representation in rape and some sexual assault cases.
Legal representation is provided to victims in cases of rape and aggravated sexual assault where an application to cross examine on past sexual history has been raised. The number of applications under this provision was 41 in 2019 and 16 in 2020.
Legal advice is provided to victims in sexual assault or rape cases and to victims of human trafficking referred to the Board by the Garda National Immigration Bureau. In such cases no means test is applied and no contribution is sought to receive legal advice.
In 2019 and 2020 only a small number availed of the advice service, three in 2019 and two in 2020.
As the Deputy may be aware, eligibility for civil legal aid is based on financial eligibility criteria and a test of the merits of the case. In general, a contribution must also be made in line with the individual's financial means. There are no categories of people who are eligible or ineligible but it relates to civil matters only.
My Department is leading on delivering a number of important commitments to make sure that we are responding effectively to the needs of victims of sexual violence. This includes the full implementation of the recommendations made in the O'Malley Review to better protect and support vulnerable witnesses during the investigation and prosecution of sexual offences.
Supporting a Victims Journey is a detailed roadmap for giving full effect to the O’Malley recommendations. It includes a commitment to provide for preliminary trial hearings and the recently enacted Criminal Procedure Act delivers on that commitment. This legislation introduces key changes to how questioning on prior sexual history will unfold at trial. Other than in exceptional circumstances, the Act requires an application to question a victim on their prior sexual history to be made at a preliminary trial hearing, before the commencement of the trial. This will be of great help to victims in removing uncertainty around what they may face.
The implementation of Supporting a Victim's Journey will also ensure the victim's right to have the same legal representation at the preliminary trial hearing and during the trial itself if an application to question them about prior sexual history is made at the preliminary trial hearing and is granted. In such a case, the recommendations also require the Legal Aid Board to endeavour to ensure that the victim is represented by counsel of a level of seniority similar to counsel representing the prosecution and defence.
The victim will also be entitled to their own, dedicated legal advice and support throughout the process (not just during the court case) and will be entitled to legal aid for this purpose.
In addition to the enactment of the Criminal Procedure Act, the full implementation of Supporting a Victim's Journey will require a number of legislative changes. In order to implement the rest of the required changes needed, a scoping exercise is currently being undertaken by my Department for a new Sexual Offences Bill.
The proposed amendments to the legislation dealing with sexual offences will need detailed consideration from a policy perspective. This will include engagement with stakeholders and careful assessment of implications and costings.
I envisage the General Scheme of this Bill will be brought to Cabinet by the end of 2021.
