Free Legal Aid Scheme.

Dáil Éireann Debate, Tuesday - 28 February 2006

Tuesday, 28 February 2006

Ceisteanna (376)

Michael Lowry

Ceist:

407 Mr. Lowry asked the Minister for Justice, Equality and Law Reform the arrangements in place under the Criminal Justice (Legal Aid) Act 1962 and the Civil Legal Aid Act 1995 for Irish citizens who do not ordinarily qualify for free legal aid to be represented in court proceedings as per their constitutional right; the alternative legal representative arrangements in place for citizens where solicitors have refused to represent them or withdrawn services during a court proceeding; and if he will make a statement on the matter. [7842/06]

Freagraí scríofa

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I am satisfied that the arrangements in place under the Criminal Justice (Legal Aid) Act 1962 and the Civil Legal Aid Act 1995 meet the State's obligations in respect of the provision of legal aid for criminal and civil matters. Under the Criminal Justice (Legal Aid) Act 1962 and the regulations made under it, free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. The courts are responsible for the granting of legal aid. When granting legal aid, 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.