Dáil Éireann Debate, Tuesday - 21 June 2022
661. Deputy Michael Ring asked the Minister for Justice if he will outline the total expenditure on the free legal aid scheme for the years 1990, 2000, 2010, 2015 and 2020; the breakdown of this expenditure as it relates to each level of court, district, circuit and so on in tabular form; and if she will make a statement on the matter. [32067/22]
Amharc ar fhreagra662. Deputy Michael Ring asked the Minister for Justice the proportion of court hearings at each court level that were covered by the free legal aid scheme in 2020 and 2021, in tabular form; and if she will make a statement on the matter. [32068/22]
Amharc ar fhreagra663. Deputy Michael Ring asked the Minister for Justice if she will list the top ten solicitors or legal companies who were the recipients of free legal aid for each of the years from 2015 to 2021, inclusive; and if she will make a statement on the matter. [32069/22]
Amharc ar fhreagra664. Deputy Michael Ring asked the Minister for Justice the income asset limits for persons to qualify for free legal aid; when this limit was set; when it was last reviewed; and if she will make a statement on the matter. [32072/22]
Amharc ar fhreagraI propose to take Questions Nos. 661, 662, 663 and 664 together.
The expenditure on criminal legal aid in each of the years 2010, 2015 and 2020, as requested, is set out in the Table 1 as is the information for 2021.
Table 1 - Expenditure on criminal legal aid in each of the years 2010, 2015 and 2020
|
Year |
Total Spend (million) |
|
2010 |
€56.5 |
|
2015 |
€50.9 |
|
2020 |
€62.2 |
|
2021 |
€73.4 |
I wish to inform the Deputy that it has not been possible to obtain total expenditure figures for the years 1990 and 2000 and compiling this information which is over 20 years old would require a manual trawl of paper-based records which would draw on the limited resources of the area concerned. Furthermore, statistics in relation to Criminal Legal Aid are not compiled in such a manner as to permit disaggregation to readily identify expenditure on a County by County, or Court level basis.
The top ten solicitors or legal companies who were the recipients of free legal aid for each of the years from 2015 to 2021 is set out in the Table 2 below.
Regarding criminal legal aid, the Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, 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. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation.
The granting of legal aid is subject to the applicant satisfying the court of two criteria. The applicant for legal aid must establish to the satisfaction of the court that -
(i) their means are insufficient to enable them to pay for legal aid themselves. This is purely a discretionary matter for each court and is not governed by any financial eligibility guidelines.
(ii) 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. The relevant legislative provisions are sections 2 and 6 of the Criminal Justice (Legal Aid) Act 1962 CLA PQ Response
