Dáil debates

Thursday, 24 September 2009

Courts and Court Officers Bill 2009: Second Stage

 

11:00 am

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

A new Bill will be tabled in respect of legal aid. It is with the Office of the Parliamentary Counsel for drafting. While there is some logic in dovetailing civil and criminal legal aid, it must be borne in mind that the latter is a constitutional requirement whereas the former is only statutory. Despite comments to the effect that some defendants should not get free legal criminal aid, the reality is that most people who appear before courts for having committed crimes are not wealthy. There is anecdotal evidence concerning people with resources, but we must ensure that our changes will not hammer those who are patently unable to pay for solicitors and barristers while providing our limited resources to those who deserve it.

The court presenters are Garda sergeants who act as prosecutors in court and have operated on a small scale in the Bridewell since 1989. Their number has expanded rapidly in recent years and they now operate throughout all of the Dublin courts. There will be scope for further expansion when the Criminal Court complex is up and running.

The proposal to allow the Irish Prison Service to undertake all escort duties in respect of prisoners on remand would require the employment of at least an additional 70 staff. This would not be possible in our financial circumstances, but the matter is being re-examined by the Garda and the IPS with a view to using our resources as well as possible.

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