asked the Minister for Justice if he will outline the present free legal aid system and the plans, if any, he has taken for its extension.
Ceisteanna—Questions. Oral Answers. - Free Legal Aid.
87.
(Cavan): Free legal aid is available in criminal proceedings under the provisions of the Criminal Justice (Legal Aid) Act, 1962, which came into operation on 1st April, 1965. There is no statutory provision for the grant of legal aid in civil proceedings.
Generally speaking, the 1962 Act provides for the grant of free legal aid at the various stages of criminal proceedings where the means of the person concerned are insufficient and either the trial is for murder or it appears to the court that by reason of the serious nature of the offence, or of exceptional circumstances, it is essential in the interests of justice that he should have legal aid. The grant of legal aid entitles the applicant to the services of a solicitor and, where appropriate, counsel in the preparation and conduct of his defence or appeal, as the case may be.
The Criminal Procedure (Amendment) Act, 1973 has, I am pleased to say, extended legal aid in two important respects. First, it provides that legal aid will be available for the hearing in the court of sentence where the accused has been sent forward for sentence and for any subsequent appeal against sentence. Secondly, it provides that legal aid will be available for all preliminary examinations in the District Court. Previously, legal aid for preliminary examinations was restricted to cases of murder. Free legal aid is also provided in habeas corpus cases, under an informal arrangement between the Attorney General and the Minister for Finance, where the High Court or Supreme Court recommends the grant of legal aid.
I expect to be in a position in the fairly near future to make a statement on further developments in regard to free legal aid.
Would the further developments include legal aid in relation to civil actions?
(Cavan): I understand that is under consideration.
We can take it, therefore, that the free legal aid system is being extended to include civil actions?
(Cavan): The Deputy need not take any such thing from what I have said but he may take it that consideration is being given to this matter.