Jim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank the Senator. I have listened carefully to what he has said. The criminal legal aid scheme has been in operation for just over 50 years and is instrumental in enabling the State to meet its legal obligations including rights-based requirements under the European Convention on Human Rights, ECHR, to ensure access to justice and fair hearings and trials. The State dedicates significant resources to detecting crime and in prosecutions. We must be conscious also of the need to ensure the right to a defence. The proposed legislation is intended to uphold that right.

The long-standing criteria set in law, which are also reflected in international criminal justice systems and conventions, will be retained in the reforms, namely, the granting of criminal legal aid on grounds of the interests of justice and the financial circumstances of the applicant. Issues of control and eligibility need to be addressed in the general context of criminal legal aid governance. These concerns are reflected in the Government programme and it is proposed that the legislation will provide for more rigorous assessment of eligibility, contributions by those who can afford them and a system to allow a review of the financial circumstances of those who have received aid. The objective is to reduce the scope for any abuse and ensure that funds under the criminal legal aid scheme are directed towards those who need them. The scheme will also provide for increased sanctions for false declarations and other abuses. The Minister intends to bring the matter to the Government for its approval later this year.