Dáil Éireann Debate, Wednesday - 23 November 2022
151. Deputy Mattie McGrath asked the Minister for Justice the number of legal aid certificates issued in each of the years from 2012 to 2021 and to date 2022; and if she will make a statement on the matter. [58267/22]
Amharc ar fhreagraAt the outset, it is important to clarify that criminal legal aid and civil legal aid are separate services.
Criminal legal aid is granted by the Courts and concern the prosecution of criminal offences.
On the other hand, the Legal Aid Board provide civil legal aid. Civil matters concern disputes between party A and party B, or between party A and an organisation. Civil legal aid and advice does not cover when a person has been charged with a criminal offence.
Funding and administration of criminal legal aid is overseen by the courts while civil legal aid funding is managed by the Legal Aid Board.
As the Deputy may be aware, the Legal Aid Board is the independent statutory body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021. To be of assistance, I have, however, asked the Legal Aid Board for the information sought so I can inform the Deputy of the following.
Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Legal Aid Board. There are 34 full-time and 3 part-time law centres. Specific law centres in Dublin, Cork and Galway include an international protection speciality. There are also dedicated units in Dublin dealing with personal injury and/or medical negligence cases and cases involving children at risk. In addition, family mediation services are provided through 10 full-time offices and 10 part-time offices.The Board also engages private solicitors to supplement the services provided by Board solicitors in certain areas of law on a case by case basis. Those areas of law are: District Court family law matters, Circuit Court judicial separation and divorce cases, international protection cases, and cases on foot of the Abhaile scheme.The Table below sets out the number of civil legal aid certificates granted each year by the Legal Aid Board from 2012 to 2021 and 2022 to date.
|
Year |
Number of legal aid certificates granted |
|
2022 (to 18 November) |
15,117 |
|
2021 |
12,553 |
|
2020 |
12,240 |
|
2019 |
15,442 |
|
2018 |
14,157 |
|
2017 |
12,239 |
|
2016 |
11,022 |
|
2015 |
10,691 |
|
2014 |
10,598 |
|
2013 |
10,745 |
|
2012 |
9,158 |
The Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional right that free 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 free legal aid are granted.
The Table below sets out the number of criminal legal aid certificates granted each year by the Legal Aid Board from 2012 to 2021 and 2022 to date.
|
Year |
Number of Criminal Legal Aid Certificates issued in the District Court |
|
2022 (to October ) |
67,902 |
|
2021 |
80,831 |
|
2020 |
73,611 |
|
2019 |
79,346 |
|
2018 |
72,674 |
|
2017 |
64,181 |
|
2016 |
55,617 |
|
2015 |
53,937 |
|
2014 |
51,128 |
|
2013 |
49,843 |
|
2012 |
49,639 |
This figure relates to the District Court only as this is where the majority of certificates originate. There is no data available on criminal legal aid certificates issued in the higher Courts.
