Michael McGrath (Cork South Central, Fianna Fail)
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Question 236: To ask the Minister for Justice and Law Reform the total amount expected to be spent on free legal aid in 2010; the amount spent in 2009 and to provide a breakdown by case type. [34283/10]

Michael McGrath (Cork South Central, Fianna Fail)
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Question 237: To ask the Minister for Justice and Law Reform if there is a limit to the number of occasions a person can avail of free legal aid; if he will provide details of the means testing system in place prior to the sanctioning of free legal aid. [34284/10]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 236 and 237 together.

I can inform the Deputy that the full details of the estimate for 2010 for legal aid, both civil and criminal, are contained in the Revised Estimates for Public Services 2010, while the costs for the earlier years sought are contained in the Revised Estimates volume for each of the years concerned. As the Deputy will be aware, copies of these documents are available at www.finance.gov.ie and in the Oireachtas Library.

Under the Criminal Justice (Legal Aid) Act 1962, the Courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid 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" in the case or the "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 Deputy may wish to note that, under the 1962 Act, an applicant for free legal aid may be required by the Court 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. The operation of the Scheme is currently being examined in my Department in the context of preparing a new Criminal Justice (Legal Aid) Bill.