Ms F?ona N? Chinn?ide:

I thank the Cathaoirleach. I am director of operations for prisoners and reintegration in the Probation Service. I am joined by my colleague, Leah McCormack, assistant principal probation officer, who leads the Probation Service’s legal and quality assurance unit. She is also a qualified barrister. I thank the committee for the opportunity to contribute to its discussion. We will do our best to respond to any questions members may have.

The Probation Service is part of the Department of Justice with the primary purpose of assessment and management of people who have offended and are subject to probation supervision in the community, with the goal of safer and more inclusive communities where offending and its causes are effectively addressed. One of our core aims is to motivate and assist those who have committed offences to change, while facilitating opportunities for them to explore the harm caused by their offending. The Probation Service recognises the harm caused by crime and that victims are important stakeholders in the justice system.

In the Probation Service, we understand that an efficient and effective legal aid scheme is fundamental to safeguarding fair, equal and meaningful access to justice. Without legal representation, an ordinary person without any experience of criminal law and court proceedings would be at a disadvantage against the potential legal resources of the prosecution. We therefore welcome the publication of the criminal justice (legal aid) Bill 2023, which seeks to modernise the operation of the criminal legal aid scheme, and the opportunity to highlight some general observations on the Bill for the committee.

We welcome new measures included in the Bill that aim to strengthen oversight and governance structures in order to deliver a high-quality service to all recipients. These include the proposal to transfer administrative responsibility for the criminal legal aid scheme to the Legal Aid Board, which we understand could provide higher levels of efficiency and effectiveness in the delivery of the scheme; the provision of a new oversight committee involving stakeholders, which we understand will contribute to more effective cross-agency collaboration; and the introduction of a simple and transparent written or online application system for criminal legal aid supported by a statement of financial circumstances, which we understand will enhance the service user experience for some and hopefully encourage increased access to legal representation, where appropriate.

The Probation Service welcomes the Bill’s proposal to extend free legal advice to victims of sexual offences. These changes are in line with commitments made by the Minister for Justice under Supporting a Victim’s Journey: A Plan to Help Victims and Vulnerable Witnesses in Sexual Violence Cases. The Probation Service supports all attempts to ensure that the legal aid scheme is more responsive to victims’ needs and this is central to the work of our restorative justice and victims services unit.

The Probation Service notes that the general scheme allows for legal advice to be granted to a parent, guardian or other responsible adult in certain cases,which is particularly relevant to proceedings under the Children Act 2001, as amended. We welcome the alignment with the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems and the United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime. We fully support this extension and will endeavour to promote awareness of the scheme when working with children and their families through the course of our work.

The Probation Service welcomes the publication of the new general scheme of the criminal justice (legal aid) Bill 2023. Access to legal representation is recognised as a core component in any modern, fair and equal justice system. I thank the committee once again for the opportunity to speak today.