Dáil Éireann Debate, Wednesday - 11 October 2023
150. Deputy Carol Nolan asked the Minister for Justice to outline the current criteria which apply to the granting of criminal legal aid; to state or estimate the number of applications which are made and accepted or refused in each year; whether she has any intention to review the legislation in this area; and if she will make a statement on the matter. [44225/23]
Amharc ar fhreagraThe Criminal Justice (Legal Aid) Act, 1962, is the primary legislation covering the operation of the Criminal Legal Aid Scheme and gives effect to the Constitutional right that legal aid may be granted for the defence of persons with insufficient means in criminal proceedings.
Under the Scheme, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal aid themselves. The 1962 Act specifies that the court must also be satisfied that, 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. Criminal prosecutions originate in the District Court and if so satisfied, the Judge will grant a criminal legal aid certificate.
In addition, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance to be given it free when the interests of justice so require.
The Deputy will appreciate that the Criminal Legal Aid Scheme must operate with due regard to these human and constitutional rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution.
The assignment of solicitors or the granting of legal aid are matters for the court and, as such are handled by the judiciary on the applicant's appearance in court. There is no limit to the number of times that a person can be granted legal aid under the Scheme. Whether or not an applicant has received legal aid previously is not a consideration in determining eligibility for legal aid and such information is not recorded by the Courts Service. An eligible applicant is entitled to legal representation for each case before the courts and their previous convictions are not a factor for the granting of criminal legal aid.
I can advise the Deputy that the current scheme is under review within my Department and the General Scheme of the Criminal Legal Aid Bill was published in July this year.
The key purpose of the Bill will be to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to otherwise update the administration of criminal legal aid. It is not intended, under the Bill, to change the existing grounds determining access to criminal legal aid.
As assignment of solicitors or the granting of aid are matters for the Court, it is not possible to provide the data requested by the Deputy on the number of applications which are made and accepted or refused in each year. As the Deputy will appreciate management of the courts, operational matters and logistical functions are the responsibility of the judiciary and the Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.
However, the Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.
