Pat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Question 504: To ask the Minister for Justice, Equality and Law Reform the progress made in regard to the commitment given in the Programme for Government to ensure that an accused who can afford to defend themselves does not obtain legal aid by requiring those seeking legal aid to complete a statutory declaration prior to attending court. [19332/08]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the Judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal representation him/herself. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. I have no function in these matters which are determined by the Judiciary.

The current position is that, under the Act, an applicant for free legal aid may be required by the court to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid. My Department, in consultation with the Courts Service, is carrying out a review of the operation of this aspect of the Scheme in line with the commitment in the Agreed Programme for Government.