John O'Mahony (Fine Gael) | Oireachtas source

I will be very quick. This Commencement matter is on the need for the Minister for Justice and Equality to outline criteria for free legal aid eligibility and the need for reform. I welcome the Minister of State, Deputy Daly, and congratulate him on his appointment. I am a little disappointed that the Minister for Justice and Equality or the Minister of State at the Department of Justice and Equality is not present. I have raised this issue on numerous occasions in the past and nothing has happened.

Since 2009, €428 million has been spent by the State on free criminal legal aid. It cannot be allowed to continue. I fully understand the argument that everybody deserves a fair trial but criminals who have committed multiple crimes have been granted free legal aid on each occasion even though in some cases they have multiple assets. As far as I am concerned, they should be gone after. They rack up an obscene number of convictions, still end up on the streets committing more crimes and get free legal aid on each occasion. What can be done about it? In states in America, when people get three strikes, they are out. In the UK it is means tested and any assets the accused person has are realised as part of it. People should definitely be asked to contribute some of the legal aid costs.

I was reminded of it recently by two cases. When I mention these two cases I am not talking about whether the cases should have been brought. A Deputy in the House, who is on a salary of €87,000, was granted free legal aid because he is taking the industrial wage. He is not giving the remainder back to the State. The State is paying twice in this case. It should not be allowed. There is no contribution made by the said Deputy to his legal aid costs. It is not acceptable. It needs to be addressed. From what I can see, the money that is not being given back to the State is being given to his party, which organises more protests that lead to situations like the one we saw in Jobstown. I am not commenting on that. It has been tried and the justice system has operated totally independently in that case.

We also had a case in respect of white-collar crime.