John Cregan (Limerick West, Fianna Fail)
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Question 642: To ask the Minister for Justice, Equality and Law Reform the number of repeat offenders who have availed of free legal aid; the number of times each person has re-offended; the cost to the Exchequer for this free legal aid; and if he will make a statement on the matter. [31009/09]

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. 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.

The courts, through the judiciary, are responsible for the granting of legal aid. The Deputy will appreciate that eligibility for legal aid in criminal cases is determined by the Judge hearing the case and that I have no function in this regard. The information requested by the Deputy is not readily available and a disproportionate amount of staff resources would be required to compile it. Expenditure on the Criminal Legal Aid Scheme has totalled €41.7m up to 31 August 2009. My Department is currently considering a number of measures to strengthen the provisions for the granting of criminal legal aid and I will be bringing proposals to Government in this regard as soon as possible.