Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

Work to modernise and improve the operation of the criminal legal aid scheme is under way as part of the criminal justice (legal aid) Bill, which is being drafted at present. It is intended that as part of this modernisation, the Bill will update the court application and eligibility process and in appropriate cases, the applicant may be subject to an assessment of means. Following this assessment, the Legal Aid Board will be able to recommend to the court that the applicant can make a contribution to the cost of providing legal aid. However, the Constitution obliges that the State provide an accused person with the means to obtain appropriate legal representation and the European Convention on Human Rights also provides that every person charged with a criminal offence is entitled to defend himself or herself in person or through legal assistance of his or her own choosing or if he or she has insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. Therefore, the criminal legal aid scheme must operate with due regard to these rights.

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