I can inform the Deputy that the provision of legal aid falls within two separate categories, i.e criminal legal aid and civil legal aid. Details in respect of each category are as follows:
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the judiciary.
Criminal Legal Aid 2011
Total Expenditure
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€56.1 million
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Number of Practitioners who received payments under the Scheme
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1,565*
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Number of Practitioners who were paid €10,000-50,000
|
384
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Number of Practitioners who were paid €50,000-100,000
|
124
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Number of Practitioners who were paid €100,000+
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148
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*Includes practitioners who were paid less than €10,000
Civil Legal Aid
The Legal Aid Board (LAB) is the statutory body which provides legal aid and advice in civil law matters. All Board services are governed by the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations.
Civil Legal Aid 2011
Total Cost
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€34.3 million
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Number of Practitioners who provided Civil Legal Aid
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878*
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Number of Practitioners who were paid €10,000-50,000
|
190
|
Number of Practitioners who were paid €50,000-100,000
|
24
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Number of Practitioners who were paid €100,000+
|
4
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*Includes practitioners who were paid less than €10,000
I wish to clarify for the Deputy that the Legal Aid Board provides 'legal aid' and not 'free legal aid'. The vast majority of persons receiving services from the Board pay a small financial contribution. Finally, in order to avoid the possibility of double counting, the Deputy should bear in mind that some practitioners may have provided services under both the civil and criminal legal aid schemes.