Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 808: To ask the Minister for Justice, Equality and Law Reform his views on whether prisoners should be entitled to legal aid when appearing before a tribunal or body other than a court in view of their absence of income. [26998/08]

Dermot Ahern (Louth, Fianna Fail)
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I can inform the Deputy that I am satisfied that the existing arrangements in place meet the State's obligations in respect of the provision of legal aid for prisoners in criminal and civil matters.

Under the Criminal Justice (Legal Aid) Act 1962, and the Regulations made under it, free legal aid may be granted, in certain circumstances, for the defence of persons, including prisoners, of insufficient means in criminal proceedings. The Courts are responsible for the granting of legal aid. When granting legal aid, 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 would also like to add that prisoners have recourse to legal representation under the Prisons Act, 2007, where they are appealing a decision by a Prison Governor to impose a penalty for a breach of prison discipline which involves the loss of remission. Similarly, prisoners who have been referred to a designated centre under the Criminal Law (Insanity) Act, 2006, by virtue of the fact that they may be suffering from mental illness, also have recourse to legal aid as part of the statutory process of having their detention in such an institution reviewed by the Mental Health (Criminal Law) Review Board.