Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 807: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Questions Nos. 374 to 377 of 4 June 2008, the types of criminal cases covered by the Criminal Justice (Legal Aid) Act 1962 regarding the costs of both the prosecution and defence that are borne by the State; and if he will make a statement on the matter. [22951/08]

Dermot Ahern (Louth, Fianna Fail)
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The Criminal Justice (Legal Aid) Act 1962 provides that criminal legal aid may be granted by the court for the defence of persons of insufficient means in criminal proceedings. An applicant for criminal legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid and 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. However, where the charge is one of murder or where an appeal is one from the Court of Criminal Appeal to the Supreme Court, free legal aid is granted merely on the grounds of insufficient means.

My Department has no involvement in the granting of criminal legal aid. These matters are handled entirely by the courts.