Róisín Shortall (Dublin North West, Labour)
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Question 110: To ask the Minister for Justice, Equality and Law Reform the implications for the legal aid system of the decision of the Supreme Court on 23 October 2009 expanding the constitutional right to legal aid for persons facing trial in the District Court for serious offences; and if he will make a statement on the matter. [40161/09]

Dermot Ahern (Louth, Fianna Fail)
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The Deputy is referring to a recent judgment in which the Supreme Court found that a person charged before the District Court had a constitutional right to apply for legal aid for representation by counsel in cases where the court considers that there is a degree of gravity and complexity as well as any other exceptional circumstances which, taken together, necessitate that the legal aid granted should include counsel. The provisions of the Criminal Justice (Legal Aid) Act 1962 limit the granting of legal aid to representation by a solicitor in District Court cases, except in cases of murder.

Having consulted with the Attorney General I introduced, with immediate effect following the judgment, an administrative scheme which ensures that the criminal courts can operate without restriction or delay. The scheme is drafted to operate concurrently with the statutory scheme in the 1962 Act but differs from it to the extent that the court will not now be prevented from considering the provision of counsel in certain circumstances in the District Court.

I intend to allow the administrative scheme to operate for a short period before bringing forward amending provisions to place the new provisions on a statutory footing. This will be done in the Criminal Legal Aid Bill which is already being drafted to achieve other important changes in the operation of the Scheme.