Alan Shatter (Dublin South, Fine Gael)

The Deputy might be aware that the judgment which was delivered by the courts in the 1976 case of State (Healy) v. O'Donoghue, which has been reiterated in many judgments since then, provides for a constitutional right to legal aid in criminal cases. As I have already mentioned, there is a view that a small application fee might deter some applicants from availing of the scheme in circumstances in which they perhaps should not benefit from such a scheme. It is important that we remember there is a presumption of innocence in criminal prosecutions. Those who cannot afford to pay for legal representation have a constitutional right to obtain it. We must respect our Constitution and the obligations imposed on this State by the European Convention on Human Rights. Detailed consideration is being given to the possibility of introducing a scheme of the kind she has proposed. Even if it were constitutionally feasible, I would have to ensure it would be of financial benefit. We should not introduce a scheme that would create further unnecessary administrative expense which could exceed any financial benefit that might accrue to the State. I appreciate the Deputy raising this issue. Although we should protect the rights of those accused of crime and ensure they are properly legally represented, it is of huge importance that we ensure taxpayers' money is not wasted at the same time. There is an overriding need to bring the cost to this State of the criminal legal aid scheme under some level of control. It is not tenable that this year, the scheme will cost €10 million more than the provision made for it by the State.

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