Dáil Éireann Debate, Tuesday - 24 July 2018
755. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the amount paid out as legal aid under criminal and civil legal aid schemes to external legal firms from 2012 to 2017; the details of these payments; the companies that received the payments; the amount received by each company; the hourly rates that applied to each company; and if he will make a statement on the matter. [32993/18]
Amharc ar fhreagraI wish to inform the Deputy that the provision of legal aid falls in two categories, that is, civil legal aid and criminal legal aid. Details in respect of each are outlined below.
Civil Legal Aid
The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.
Civil legal aid services are generally provided by solicitors who are employed by the Legal Aid Board. In a minority of cases, civil legal aid services are provided by solicitors/barristers who are members of the Board’s private practitioner panels. The rate of payment to private legal practitioners for civil legal aid is not based on an hourly rate but is instead the subject of a standard schedule of fees for particular types of assignment.
The details of the fees are published on the website of the Legal Aid Board at
https://www.legalaidboard.ie/en/Lawyers-and-Experts/Legal-professionals-in-civil-cases/Inquests/Terms-and-Conditions/Retention-of-Counsel.html.
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 in criminal proceedings. 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 granting of aid is a matter for the court.
Legal representation under the Criminal Legal Aid Scheme is provided entirely by solicitors and barristers in private practice who have notified the County Registrars (in the case of solicitors) and my Department (in the case of barristers) of their willingness to be placed on panels for the undertaking of legal aid work. The Judge who grants legal aid to a defendant assigns to that person a solicitor from the panel.
The rates of fees payable to solicitors for attendance in the District Court and for appeals to the Circuit Court with effect from 13 July 2011 are set out in Statutory Instrument No. 362 of 2011. €201.50 is paid for the first appearance in court by the solicitor and €50.39 is paid for any subsequent court appearances.
Statutory Instrument No. 234 of 1976 provides that fees paid to counsel acting in the Circuit and higher courts for defendants who have been granted free legal aid are paid on a parity basis with the fees payable to prosecution counsel as set by the Office of the Director of Public Prosecutions (ODPP). The fees paid to solicitors for the defendant are related to those paid to junior counsel as provided for by Statutory Instrument No. 33 of 1978. Details of the main fees payable in the Circuit Court and the Central Criminal Court with effect from 1 October 2011 are set out below.
SCHEDULE OF MAIN FEES
Senior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,716 |
€858 |
€370 |
€185 |
|
Central Criminal Court/Murder |
€7,127 |
€1,562 |
€370 |
€185 |
|
Central Criminal Court/Rape |
€5,704 |
€1,562 |
€370 |
€185 |
Junior Counsel
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€572 |
€247 |
€124 |
|
Central Criminal Court/Murder |
€4,752 |
€1,041 |
€247 |
€124 |
|
Central Criminal Court/Rape |
€3,803 |
€1,041 |
€247 |
€124 |
Solicitor
|
Court |
Brief |
Refresher |
Sentence |
Adjourned Sentence |
|
Circuit Court |
€1,144 |
€418 |
€180 |
€90 |
|
Central Criminal Court/Murder |
€7,127 |
€750 |
€180 |
€90 |
|
Central Criminal Court/Rape |
€3,803 |
€760 |
€180 |
€90 |
Comprehensive details in respect of the amounts paid out under the schemes are being collated at present and will be sent to the Deputy separately.
