Dáil Éireann Debate, Tuesday - 11 July 2023
551. Deputy Bernard J. Durkan asked the Minister for Justice her plans for any review of the criminal legal aid programme, with particular reference to its application to repeat offenders; and if she will make a statement on the matter. [34361/23]
View answerAs the Deputy will appreciate the Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of people who have insufficient means in criminal proceedings.
Under the Act, the courts, through the judiciary, are responsible for the granting of legal aid. The Constitution obliges the State to provide an accused person with the means to obtain appropriate legal representation.
In addition, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance to be given it free when the interests of justice so require.
The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution.
The overriding concern is to ensure that due process is followed and that no risk arises in relation to the prosecution of a person charged with a criminal offence before the courts.
There is no limit to the number of times that a person can be granted legal aid under the scheme. Whether or not an applicant has received legal aid previously is not a consideration in determining eligibility for legal aid and this information is not recorded by the Courts Service. An applicant's previous convictions are also not a criterion for the granting of criminal legal aid under the Act.
That said, the current scheme is under review within my Department and a key focus of any reforms will be to achieve significant efficiencies in the administration and delivery of criminal justice and to contribute to the overall objective of a cost efficient criminal legal aid scheme.
As part of those reforms, I can also advise the Deputy that today I received Government approval for the General Scheme of the Criminal Legal Aid Bill.
The key purpose of the Bill will be to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to otherwise update the administration of criminal legal aid. It is not intended, under the Bill, to change the existing grounds determining access to criminal legal aid.
