Dáil Éireann Debate, Wednesday - 23 November 2022
147. Deputy Mattie McGrath asked the Minister for Justice the value of criminal legal aid claimed in each respective county under each of the various criminal legal aid schemes in each of the years 2012 to 2021 and date in 2022, in tabular form. [58263/22]
Amharc ar fhreagra148. Deputy Mattie McGrath asked the Minister for Justice the names and specific amount paid to the top ten solicitors or legal companies that were the recipients of free legal aid contracts or work from 2012 to 2021, in tabular form; and if she will make a statement on the matter. [58264/22]
Amharc ar fhreagra149. Deputy Mattie McGrath asked the Minister for Justice the names and specific amount paid to the top ten barristers or legal companies who were the recipients of free legal aid contracts or work from 2012 to 2021, in tabular form; and if she will make a statement on the matter. [58265/22]
Amharc ar fhreagra150. Deputy Mattie McGrath asked the Minister for Justice the specific amount of criminal legal aid, under each of the various criminal legal aid schemes that has been paid out to date in 2022; and if she will make a statement on the matter. [58266/22]
Amharc ar fhreagraI propose to take Questions Nos. 147, 148, 149 and 150 together.
As the Deputy is aware, Criminal Legal Aid is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional position that legal aid must 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 on application by the defence in court. My Department has no influence in the granting of legal aid or in the appointment of solicitors to a case.
Defence solicitors are either engaged privately by their client or appointed as part of Court proceedings. In relation to the latter, legal services are provided by private solicitors who have notified the relevant Court of their availability to undertake legal aid work. As per Regulation 4 of the Criminal Justice (Legal Aid) Regulations 1965 (S. I. No. 12 of 1965) each County Registrar is required to maintain a list of solicitors who are willing to act in that county for persons to whom certificates for legal aid are granted.
The Criminal Justice (Legal Aid) (Tax Clearance Certificate) Regulations 1999 (S. I. No 135 of 1999) provide that a solicitor who wishes to have their name added to, or retained on, the panel which is maintained by the County Registrar, must furnish a printed copy of their electronic Tax Clearance Certificate to the County Registrar(s) annually dated after 30 November of the year prior to which inclusion on the panel(s) is sought to be retained. My Department is responsible for the payment of fees and expenses to the legal practitioners.
Table 1 below sets out the amount of criminal legal aid, under each of the various criminal legal aid schemes that has been paid out to date in 2022:
Table 1:
|
Scheme |
Total Expenditure to Date |
|
Criminal Legal Aid |
€59,888,056 |
|
Custody Issues |
€4,101,813 |
|
Garda Station |
€1,261,957 |
|
CAB |
€39,257 |
The names and the amounts paid to the top ten solicitors or legal companies, and barristers or legal companies, that were the recipients of payments for the provision of legal aid for each of the years from 2012 to 2021 is set out in Table 2 attached.
Table 2: Table 2
It is not possible to provide the value of criminal legal aid claimed in each respective county under each of the various criminal legal aid schemes in each of the years 2012 to 2021 and to date in 2022 as data is not compiled in such a way as to make this information available.
