Charles Flanagan (Laois-Offaly, Fine Gael)

The debate on this Bill would provide an ideal opportunity for him to so do.

Many of the McCarthy proposals resonate well with the spirit of this legislation and that is why the Minister's intentions might be clarified. In particular, efficiencies can be made in criminal legal aid. Time and again, we read in local and national newspapers about gangsters being brought before the courts, being granted legal aid and speeding away in blacked out SUVs from the complex of the court. This sight truly sickens law-abiding members of communities. The situation which currently obtains is vastly different from that in 1962 when the Criminal Justice (Legal Aid) Act was introduced to provide legal aid to "poor persons" accused of crime.

It seems reasonable to assume that those in receipt of social welfare should be automatically entitled to criminal legal aid but we are all aware there are massive abuses in the welfare system. Indeed, when the Exchequer started to run dry and the Government belatedly introduced fraud and control measures in social welfare, a massive €228 million was saved in the first six months of this year. That gives one an indication of the hands-off approach of the Government to the spending of money.

A rigorous means test for civil legal aid is already in place and it is surprising, in many ways, that there is not a uniform system across the board for criminal cases and civil cases. A completely different set of criteria seem to be employed for both arms of the law.

I am aware the Criminal Assets Bureau does important work in recovering ill-gotten gains from criminals and it is notable that the CAB recovered €2.5 million in regard to social welfare payments during its first ten years of operation. However, CAB is a relatively small operation and, obviously, it must concentrate its attention where it identifies the greatest need to be. I am concerned that it appears criminals are exploiting the system and getting away with it. The €228 million clawed back in the first six months of this year compared to the €2.5 million recovered by CAB in a ten-year period suggests that exploitation of the social welfare system still exists on a massive scale. It is obvious that major criminals are slipping through the net.

The rationalisation of the courts network is an issue to which McCarthy refers in some detail. Rationalisation has, in many respects, been happening throughout the country. I agree with much of it because the modern system of communication is such that people have access to courts now perhaps not in the manner in which they required 100 or even 50 years ago.

The courts which survive McCarthy or Government cuts must be in a position to offer a very modern and efficient service to the public. For example, holding cells in provincial court houses are not available in many areas. We can safely say we do not have any place for Dickensian-type court facilities in modern society.

However, I recognise tremendous improvement in that regard, in particular since the introduction of the property arm of the courts service and a greater level of co-operation between local authorities, the Office of Public Works and the courts service in ensuring the availability of modern and efficient justice system in every large provincial town.

I welcome the Bill. We are recording progress in the area of efficiencies and modernisation. Obviously, there is no room or no time for complacency. The entire justice system, in particular in the civil administration, is in need of updating, modernisation and increased efficiencies. I highlighted some of these areas, including family courts, bail, the civilianisation of the Garda and criminal legal aid. As I have said on numerous occasions, the Minister can reply on the support of the Fine Gael Party in his endeavours in the area of law reform and modernisation and we wish him well.

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