James Browne (Wexford, Fianna Fail) | Oireachtas source

Criminal legal aid is a vital element of our criminal justice system. The 1962 Act gives effect to a constitutional right and states that legal aid may granted for the defence of persons of insufficient means in criminal proceedings. As someone who practised criminal law as a barrister, there is the weight of the State on one side. Therefore, it is essential that whoever is facing a prosecution has the means and ability to be able to defend himself or herself.

Criminal legal aid is demand led and has two separate budgets. The main budget, which is €69 million for 2021, involves the main scheme, and there are a number of ad hocschemes such as the Garda station legal advice revised scheme. Additional provision for both schemes comprises €8 million for the main scheme and €3.5 million for the custody issue scheme.

As I said, it is demand led. If legal aid is granted by the courts, people are entitled to it and will be provided with it. It is one of the budgets we can try to predict . However, depending on activity in the criminal system, the budget can move from one year to the next.

The Covid pandemic has meant it has been quite difficult to recruit Probation Service staff. The process of recruiting additional staff was slower than we would have wished. We expect to gather momentum coming into 2022 and get staff into place. Like a lot of recruitment during the pandemic, it has been a challenge. I acknowledge we are not where want to be in that regard and we will bring a particular focus to rectifying that situation.