Dáil debates

Wednesday, 20 February 2013

Topical Issue Debate

Criminal Legal Aid

2:35 pm

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael) | Oireachtas source

I thank the Ceann Comhairle for selecting this issue. I wish to address the criminal legal aid system currently in place. The first thing I want to do is state that I am not trying to deny any citizen the right to a fair trial. I also acknowledge that in 2012, there was a reduction of 10% in the amount spent on free criminal legal aid. I recognise that solicitors must be paid their fees to defend those who face the courts on criminal charges.

In 2012, €50 million was spent on free criminal legal aid. In my constituency of Mayo, €289,000 was spent on it. The public are infuriated when they see stories of career criminals repeatedly claiming free legal aid. I saw in a local newspaper recently a report of someone who had claimed free legal aid for the 12th time in 12 months. Another person was claiming free legal aid for the 100th time.

There seem to be no limits or sanctions and certainly no consideration given by the criminals that there are any consequences for wreaking havoc on the State. In previous replies I was told by the Minister there were no data available from the Courts Service to quantify the number of times people have claimed free criminal legal aid. I suggest this must be addressed quickly because I have no doubt the public would be shocked to hear the figures of a small cohort of people who are claiming free criminal legal aid time and again.

It suggests that, obviously, under the Constitution, they are entitled to it and if they have means they will not get it, but I would like to know whether the means testing for free criminal legal aid is as thorough and rigorous as that for other entitlements of law-abiding citizens who, the odd time they may be court for speeding fines or whatever, must pay their own legal fees. This matter needs to be addressed quickly.

I reiterate that everyone is entitled to a fair trial, but this matter needs to be looked at and addressed, for once and for all. At a time, given the economic climate, when people are finding it difficult to abide by the law and pay their dues, they see this happening.

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