Terence Flanagan (Dublin North East, Fine Gael)
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Question 151: To ask the Minister for Justice, Equality and Law Reform if he is satisfied with the arrangements for means testing applicants for the criminal legal aid scheme; if he proposes to review the scheme; and if he will make a statement on the matter. [21139/08]

Dermot Ahern (Louth, Fianna Fail)
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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 Act further provides that the court may require an applicant 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 currently reviewing the operation of this aspect of the Scheme.