Dáil Éireann Debate, Wednesday - 30 November 2022
163. Deputy Richard Bruton asked the Minister for Justice if a list will be provided of all schemes and programmes under the remit of her Department for which a means test applies; and if she will make a statement on the matter. [59660/22]
Amharc ar fhreagraThe 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.
The Department of Justice has no involvement in the day to day running of the scheme, the granting of free legal aid or assignment of lawyers. It is important to note that while my Department pays the legal practitioners, the decision to award legal aid in individual cases is a matter for the court.
Legal aid is awarded based on two criteria; one being whether a person has the means to pay for their defence and the second being the gravity of the charge. There is no set monetary threshold that determines the awarding of legal aid.
Similarly the Criminal Assets Bureau Ad-hoc Legal Aid Scheme and the Legal Aid- Custody Issues Scheme are available for persons in need of legal representation but who cannot afford it. The decision to award legal aid under these schemes is a matter for the court.
The Garda Station Legal Aid Revised (GSLARS) Scheme is administered by the Legal Aid Board and funded by my Department. Persons in receipt of social welfare payments, or those in employment whose earnings are less than €20,316 per annum (gross) are eligible to receive assistance under the Scheme.
