Niamh Smyth
Question:407. Deputy Niamh Smyth asked the Minister for Justice if a cap can be examined for the number of times a person can access free legal aid; and if she will make a statement on the matter. [53736/23]
View answerTuesday, 5 December 2023
Questions (407)
Written answers
As the Deputy will appreciate, the Constitution obliges the State to provide an accused person with the means to obtain appropriate legal representation.
The European Convention on Human Rights provides that every person charged with a criminal offence is presumed innocent and 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.
Therefore, I can inform the Deputy that setting a cap on the number of times a person may apply for legal aid is not being explored.
However, it may be of interest to the Deputy to know that I have received Government approval for the General Scheme of the Criminal Legal Aid Bill , the key purpose of which will be to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board.
The Bill will also update the administration of criminal legal aid and introduce a number of reforms to safeguard the operation of the Criminal Legal Aid Scheme and strengthen controls where that is warranted. This includes:
• Introducing a simple and transparent written or online application system for Criminal Legal Aid, which will be required to be supported by a Statement of Financial Circumstances.
• Provide that the Courts can 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.
• Provide that 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, rather entirely have it paid for by the State.