Bernard Durkan
Ceist:903. Deputy Bernard J. Durkan asked the Minister for Justice the total spent by the State on legal aid in the past ten years to date; and if she will make a statement on the matter. [14781/24]
Amharc ar fhreagraTuesday, 9 April 2024
Ceisteanna (903)
Freagraí scríofa
At the outset, it is important to clarify that criminal legal aid and civil legal aid are separate services.
Under the Criminal Justice (Legal Aid) Act 1962, it is the Courts, through the judiciary, that are responsible for the granting of legal aid. The Criminal Legal Aid Scheme is demand-led and the fees and expenses due to legal practitioners are paid in accordance with the terms and conditions of the scheme.
An applicant for criminal legal aid must establish to the satisfaction of the Court that his/her means are insufficient to enable him/her to pay for legal representation for him/herself. 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.
The information requested by the Deputy in relation to Criminal Legal Aid is set out in the below table.
|
Year |
Expenditure €m |
|
2013 |
50.8 |
|
2014 |
49.8 |
|
2015 |
50.8 |
|
2016 |
52.9 |
|
2017 |
58.1 |
|
2018 |
64.8 |
|
2019 |
65.1 |
|
2020 |
62.2 |
|
2021 |
73.4 |
|
2022 |
76.4 |
|
2023 |
89.2 |
|
2024 (to end of Feb) |
13.2 |
Civil legal aid and advice is provided for qualifying individuals in civil matters which are those that concern non-criminal disputes between individuals or organisations. Civil legal aid and advice is granted through the Civil Legal Aid Scheme, which is administered by the Legal Aid Board.
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021. The 1995 Act was amended by Section 54 of the Civil Law (Miscellaneous Provisions) Act 2011 which gave the Board the additional responsibility of providing a family mediation service. Section 3(3) of the Act states that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.
The Deputy may be aware that civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. The Board operates a total of 34 full-time law centres and dedicated units along with three part-time centres, and three specialist legal offices. The Board also operates 19 family mediation centres. Eight of the law centres and family mediation offices are co-located.
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. These areas include District Court family law matters, Circuit Court judicial separation and divorce cases, international protection cases, and cases on foot of the Abhaile scheme. A priority service is provided by the Board in certain cases, including cases involving domestic violence, child abduction, applications by the State to take children into care or under supervision, and cases that have statutory time limits close to expiry.
I am informed that the Board also delivers specialist services at the following locations: Law Centre Smithfield (International Protection, Human Trafficking and Child Abduction), Dolphin House (District Court Family Law and Mediation), Montague Court (Medical Negligence/Personal Injuries) and Chancery Street (Childcare).
As the Deputy will be aware, in June 2022, I established the Civil Legal Aid Review Group to review the current operation of the Civil Legal Aid Scheme and make recommendations for its future.
The current review will allow for an assessment of how flexible and responsive the Scheme is to the needs of those it is intended to serve, including in relation to financial eligibility.
As part of the review, a comprehensive multi-phased process of consultation has been conducted to ensure that as wide a range of views as possible is captured. The results of all elements of the consultation are now being carefully considered by the Review Group.
I look forward to receiving its report when finalised and considering its recommendations.
I have been provided with the information in below table by the Legal Aid Board, outlining the amounts spent by the Board in each of the past ten years.
|
Year |
Expenditure €m |
|
2013 |
35,750,947 |
|
2014 |
35,110,837 |
|
2015 |
36,408,145 |
|
2016 |
38,574,917 |
|
2017 |
40,679,065 |
|
2018 |
42,864,957 |
|
2019 |
46,271,610 |
|
2020 |
42,825,317 |
|
2021 |
44,407,197 |
|
2022 |
48,934,061 |
|
2023 |
55,324,625 |
The Deputy may also be aware that the Criminal Justice (Legal Aid) Bill 2023 has been approved for drafting by the Government for drafting.
This Bill will modernise the operation of the Criminal Legal Aid Scheme, transferring administrative responsibility from the Department of Justice to the Legal Aid Board and introducing strengthened oversight and governance structures for the Scheme.