Pa Daly (Kerry, Sinn Fein)
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3. To ask the Tánaiste and Minister for Justice and Equality his views on the current civil legal aid review; the plans, if any, he has in relation to the criminal legal aid sector; and if he will make a statement on the matter. [24680/23]

Pa Daly (Kerry, Sinn Fein)
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I ask the Minister of Justice his view on the current civil legal aid review and about any plans he has for the criminal legal aid sector and if he will make a statement on the matter. I should declare I was on the legal aid panel for many years.

James Browne (Wexford, Fianna Fail)
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As I am sure the Deputy will be aware, criminal legal aid and civil legal aid are separate services. Criminal legal aid is granted by the courts to eligible persons being prosecuted for criminal offences to ensure that their constitutional right to a fair trial is vindicated. Civil matters concern non-criminal disputes between individuals or organisations. Civil legal aid and advice for qualifying individuals is granted through the civil legal aid scheme, which is administered by the Legal Aid Board. In its more than 40 years of operation, the civil legal aid scheme has been a significant and beneficial public service, providing legal aid and advice to people of limited means in civil disputes, including family law.

However, since the scheme was set up, Irish society has changed and the demands of the service have grown. In order to meet the needs of those it was established to serve, within the finite resources available to fund legal aid, a comprehensive review of the scheme is now under way. This review will include consideration of eligibility limits. The Minister, Deputy McEntee, established the review group chaired by former Chief Justice, Mr. Justice Frank Clarke. The membership of the group is drawn from legal practitioners; academics; Department officials; those who work with marginalised groups; and representatives from the Legal Aid Board, which administers the statutory scheme. As part of the review, a comprehensive multi-phased process of consultation has been conducted to ensure that as wide a range of views as possible is captured. The results of all elements of the consultation are now being carefully considered by the review group. The group is also examining how legal needs are met in other jurisdictions. The Minister, Deputy Harris, met with the chair of the review group yesterday and received an update on the progress of the report. The work of the group is ongoing, with a report expected later this year.

Separately, new legislation is being prepared which would see the administration of the criminal legal aid scheme, with a budget of approximately €70 million per annum transferred to the Legal Aid Board from my Department. The general scheme of this new criminal legal aid Bill, which will update and modernise the law on criminal legal aid generally, is currently being finalised with a view to going to Government for approval to publish and refer for pre-legislative scrutiny.

Pa Daly (Kerry, Sinn Fein)
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Does the Minister of State have any idea of the date the review will be finalised? We all know from dealing with these issues over the years, that the sector focuses primarily on family law centres. Will it be expanding into employment, landlord and tenant or advocacy such as in the United Kingdom? Many of us have received emails from constituents on this issue. There has been an industrial action of sorts in the criminal legal aid sector, undertaken by barristers who want the reversal of the austerity cuts which were made more than ten years ago and proper funding of the criminal legal aid scheme. The situation is not acceptable and we are at increasing risk of a two-tier system developing. After the crash, the legal aid scheme was supposed to be increased by 20%, but it was decreased by 20%. Those cuts have remained in place for a period of approximately ten years. It is always important that if one wants to guarantee a fair trial and a system of sorts to be fit for purpose, people who are at risk of imprisonment have a constitutional right. It does not matter how many people stand up in county councils throughout the country or even in this Chamber to say it should be denied to them, they have constitutional rights which should be vindicated.

James Browne (Wexford, Fianna Fail)
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The Minister, Deputy Harris, expects that review later this year, having met with former Chief Justice, Mr. Justice Frank Clarke, only yesterday. The review is comprehensive and once it is published, we will have a better understanding of the recommendations therein. I would not like to anticipate those recommendations at this point in time. However, I will say the review is comprehensive. With regard to criminal law and barristers in particular, my Department pays fees to barristers in the Circuit Court and High Court under the criminal legal aid scheme, on a par with the fees paid to prosecution counsel by the Director of Public Prosecutions, DPP. Strictly speaking, there are no fees for barristers in the District Court. However, when a court appoints a barrister in the District Court by way of certifying for a counsel, there is a payment of €572. We know there is often an agreement between solicitors and barristers in the District Court to split fees, but there is no circumstance for the barrister to sign a fee.

In the past it was not that common for barristers to appear in the District Court but now it is far more common. I acknowledge that it is difficult for young barristers.

Pa Daly (Kerry, Sinn Fein)
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The reality is that many poor people, who are very vulnerable and often suffering from addiction or mental illness, need the buffer of representation to deal with the prosecution and the whole system, including the judges. Equality before the law is a very important right and legal aid helps to provide this. The impact on defendants’ rights by the reduction in the fees means it is not economically viable for many barristers and solicitors to take on legal aid work. There is a serious risk of inequality for defendants who do not have the means to afford a different access to justice. It also compromises the balance between the State’s prosecutorial powers and defendants.

The other difficulty relates to the effect on retention and progression among barristers and solicitors. There is an impression that they come from a certain economic class, but as long as these cuts continue it is very difficult to retain people within the ranks of lawyers, especially in the more skilled in specialist areas, which is also a concern.

James Browne (Wexford, Fianna Fail)
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I agree with the Deputy that access to justice is absolutely critical to any fair society to provide support for those who are of limited means to facilitate them to have access to justice. Access to justice also means that solicitors and barristers are available to provide that service supported by the State. The review will look at the entire area of legal aid and how it is being provided. The pay for barristers is being looked at by the Department of Justice in conjunction with the Department of Public Expenditure, National Development Plan Delivery and Reform. Regarding the District Court, barristers are not strictly speaking paid directly. Maybe that needs to be looked at.