Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I am going to respond in reverse order and deal with the legal aid question first. The Deputy is right that there are some individuals who repetitively apply for free criminal legal aid because they are repetitive offenders. The Deputy will be aware that there are decisions of our Supreme Court and of the European courts which delineate that an individual who is charged with a criminal offence who cannot pay for representation is entitled to legal aid. The reality is that if people genuinely lack the means to provide their own defence, it does not matter if they are repeat offenders. If they were not provided with free criminal legal aid then ultimately any conviction obtained against them or sentence imposed would be struck down by the High Court or the Supreme Court as being invalid, based on their not having had their constitutional rights protected. Indeed, this State would be subject to criticism by the European Court of Human Rights if we did that.

Having said all that, I must say that work is going on my Department in examining the system. The Deputy is aware that we ultimately hope to bring forward legislation to provide for a different mechanism for making applications for criminal legal aid and to involve the Legal Aid Board in that. Publication of that legislation is still some way off because of the priority that has been attached to finalising the Legal Services Bill, enacting the Children and Family Relationships Bill and introducing the Immigration, Residence and Protection Bill, as well as dealing with the legislation to establish a new court of appeal. We will be dealing with all of this in the coming weeks.

My officials are looking at legal aid at the moment and particularly the rules relating to criminal legal aid. They are also examining the application forms, which have been in use for some considerable time, with a view to determining whether we can modernise them, using the regulatory process under existing legislation, to ensure that those who may well be able to afford to pay for their own defence in criminal proceedings do not pull the wool over the eyes of our courts. I can say no more about that issue at present but I agree it is a matter of concern. We have managed to effect some savings in the criminal legal aid bill. The figure in the Estimates for criminal legal aid for 2013 was €47 million. We have estimated that it will come in at around €50 million. The scheme is demand-led and we cannot predict with certainty what the final cost will be each year.

The figure was €56 million in previous years and we have managed to achieve savings of approximately €6 million a year since then. I would like us to effect savings while ensuring people's rights are protected. We hope to deal further with this ongoing issue. When it comes to making an application for legal aid, there is an obligation on District Court judges to ensure they apply the means test that exists. Criminal legal aid should not be granted to individuals who clearly can fund their own defence. Under the existing legislation, that is a matter to be dealt with by the District Court judge to whom the legal aid application is made.

As I am dealing with the Deputy's queries in reverse order, I will now respond to what he had to say about the Garda Reserve force. When places in An Garda Síochána are advertised, all applicants have to be treated equally. One cannot give preferential treatment to one applicant over and above another. The exact format for dealing with the processing of the applications is being finalised. Members of the Garda Reserve force may have some advantage by virtue of their training and their understanding of and engagement with members of the Garda itself. At present, approximately 1,000 members of the Garda Reserve force attend at Garda stations and engage with An Garda Síochána. I presume their knowledge will be of some assistance to those who come through the process and find themselves at interview stages. It is clear that we cannot automatically admit members of the Garda Reserve force into Templemore. It is important that the necessary process is followed. I expect that a number of members of the Garda Reserve force who are eligible on age grounds - one can apply to be a member of the Garda up to the age of 35 - will showing an interest in joining An Garda Síochána, as opposed to simply remaining members of the reserve. Obviously, we will have to wait and see what the reaction to the advertisements will be. As Deputy Collins knows, I have mentioned previously that expressions of interest have been received from over 30,000 people. The formal application process must be followed.

The Deputy asked how many people would be recruited during this recruitment drive. As I have said, the objective strength of the Garda is 13,000. It is expected that the strength of the force will be approximately 13,100 - perhaps between 13,120 and 13,130 - by the end of December. One would not normally expect substantial numbers of gardaí to retire early in the year. I assume we will reach next summer with approximately 13,100 members still in the force. If we are to maintain that strength, decisions will have to be made to ensure the intake into the force is sufficient. It is anticipated that two groups will probably be recruited during 2014 - an initial group will come into Templemore and a further group will follow within three months. We will not wait until the end of the process. I would describe it as a rolling recruitment process. No final decision on the size of the first intake has been made. The Garda courses have been revised and modernised for the new recruits. The authorities in the college in Templemore may take the view that the first group to take the new course should be a little smaller than the second group to do so. I do not have an answer in that regard. It will be a matter for consultation with the Garda Commissioner and the Garda College. My objective is to achieve what we have set out to achieve. It is very welcome that we are recruiting new members to the force. The big issue here is the logistics associated with the number of applications that will be received. We must ensure applications are dealt with in a completely fair and transparent way. We will draw up panels of appropriate applicants with reasonable speed so that we can proceed as we anticipate doing.

I have no wish to have an unnecessary row with Deputy Collins on the issue of the budget. If one takes an historical view of Estimates from this Department, one will find that a Supplementary Estimate such as the one we are considering today has practically always been needed. Moneys need to be moved from one subhead to another because there are variables, depending on what is happening. As Deputies will have seen, some of this relates to Garda overtime. I was criticised during the year because members of the force were not being allowed to engage in overtime under any circumstances. They have been allowed to engage in overtime where the Commissioner, or those working under him, has deemed it necessary and appropriate. There are variables, as I have said. In the context of looking at the overall finances, it is normal towards the end of the third quarter of the year to look at what the projections are, where there are savings and where additional funding is required. Decisions on how to properly approach the Supplementary Estimate are then made on that basis.

I would like to mention a couple of things we are doing which are very important. As I have said, over €7 million in compensation payments is outstanding. The practice has been that it has taken the State some time to make those payments. It has been traditional for some years for arrears to keep building. I am not criticising anyone for this, as it has happened under the watch of various Ministers. We have made a principled decision that we should not leave people who have been given an award waiting for 18 months or two years to receive it. We are in a position to ensure that does not happen. Some €7 million is being provided for as part of an attempt to wipe out this arrears bill, which has been carried from year to year. The funding always seems to have worked out that way. I am concerned about how this is affecting people. It is important to do this to ensure the State is seen to meet its obligations with reasonable speed.