Dáil Éireann Debate, Tuesday - 24 October 2023
391. Deputy Noel Grealish asked the Minister for Justice if an individual availing of criminal legal aid must make a contribution or any repayment of the costs of the provision of same; if so, the total amount that has been repaid to the criminal legal aid service over the past five years, broken down by year; and if she will make a statement on the matter. [46227/23]
View answerThe Criminal Justice (Legal Aid) Act, 1962, is the primary legislation covering the operation of the Criminal Legal Aid Scheme and gives effect to the Constitutional right that legal aid may be granted for the defence of people with insufficient means in criminal proceedings.
As the Deputy will be aware, under the current legislation, the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid.
To be eligible for Criminal Legal Aid, an applicant must establish to the satisfaction of the court that their means are insufficient to enable the applicant 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. The Act does not provide for a contribution to be made to, or for the repayment of any costs associated with, the provision of criminal legal aid.
The Deputy will wish to be aware that earlier this year I received Government approval for the drafting of a Criminal Justice (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.
The Bill will modernise the operation of the Criminal Legal Aid Scheme, introducing strengthened oversight and governance structures for the Scheme.
Under the new legislation, the Courts will continue to grant legal aid but will be able to impose a condition that the granting of legal aid is subject to a further assessment of income by the Legal Aid Board, where deemed necessary.
Under the new legislation, the Legal Aid Board will be able to make a recommendation that the applicant is of sufficient means to pay some of their legal costs themselves by making a contribution to the cost of providing legal aid.
It will also be open to the court to refer a person to the Legal Aid Board for an assessment of income if they fail or refuse to provide information on their financial means. Under the new legislation, anyone who knowingly or recklessly makes false or misleading statements in relation to their financial circumstances, or another person’s financial circumstances, will be guilty of an offence that could lead to a €4,000 fine or six month’s imprisonment.
The Scheme has been referred to the Justice Oireachtas Committee for pre-legislative scrutiny and was considered by the Justice Committee on 3 October.
