Dáil Éireann Debate, Thursday - 15 January 2015
30. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will provide the most recent available data on the annual cost to the State of free legal aid; her views that defendants with multiple convictions are taking advantage of this system; and if she will make a statement on the matter. [1281/15]
Amharc ar fhreagraThe total expenditure on Criminal Legal Aid for 2014 came to €49.9 million. Total expenditure on Criminal Legal Aid for the years 2009 to 2013 was as follows:
|
Year |
Total Expenditure |
|
2009 |
€60.3 million |
|
2010 |
€56.5 million |
|
2011 |
€56.1 million |
|
2012 |
€50.5 million |
|
2013 |
€50.9 million |
In seeking to reduce the expenditure on the Criminal Legal Aid Scheme, the rates of fees paid to the legal practitioners were reduced by 8% in March 2009 and by a further 8% in April, 2010. There was also a reduction of 10% in July 2011 in the fees payable in the District Court. Fees payable in the Circuit and higher courts were also decreased by 10% in October 2011 following the reduction in the fees payable by the Director of Public Prosecutions to prosecution practitioners. A reduction of 50% was also applied to payments in respect of adjourned sentence hearings and travel and subsistence payments from 2011. As the Deputy will see from the figures above, following these and other measures introduced in the course of 2011, a 10% reduction in expenditure was recorded in 2012 compared with 2011. This was the first substantial reduction ever recorded under this Scheme. Expenditure on the Criminal Legal Aid Scheme is monitored on an ongoing basis with a view to identifying any areas where further efficiencies may be achieved.
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 in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them 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. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.
These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976] I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
I can inform the Deputy that a new Criminal Legal Aid Bill is currently being drafted to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Legislative provisions under consideration include provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, enable the Board to verify the means of applicants and to provide for prosecution of cases of abuse.
