Dinny McGinley (Donegal South West, Fine Gael) | Oireachtas source

I am sure the Deputy will agree that the reduction in the costs of the scheme for 2012 is a welcome development and the Minister can assure him that his Department continues to closely monitor expenditure in this area.

In addition, as I said, the Department is developing a new legal aid Bill which will look at fundamental changes to the way the scheme is administered. These would be the first real substantial legislative changes to a scheme which dates back to the 1960s. It is important that any changes are appropriate and that they give due regard to the clear rulings of the courts since that time about the right to criminal legal aid.

The development of the Bill will allow for further consideration to be given to improving certain aspects of the scheme. Whatever draft legislation emerges must give due regard to the rights of accused persons and of the need to ensure that criminal trials can proceed without being compromised. It would be an important consideration in developing any changes to the criminal legal aid scheme that due regard is given to a person's entitlement to the presumption of innocence and the right to defend himself or herself. Any revision to the criminal legal aid system simply could not introduce arbitrary or unfair obstacles in the way of accused persons obtaining legal representation, if necessary at the State's expense, in order to defend themselves in a court of law.

Needless to say, the Deputy's remarks and proposals will be brought to the attention of the Minister and the Department officials.

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