John Deasy (Waterford, Fine Gael)
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Question 162: To ask the Minister for Justice and Law Reform the criteria which are required to qualify for free legal aid here; if they are the same criteria used throughout the EU or if not, the criteria adopted by different EU member states; and if he will make a statement on the matter. [5755/11]

John Deasy (Waterford, Fine Gael)
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Question 163: To ask the Minister for Justice and Law Reform if a person has been refused free legal aid in their own member state is allowed to apply in another EU country; if there is a maximum limit to the cost involved; and if he will make a statement on the matter. [5768/11]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 162 and 163 together.

I wish to inform the Deputy that the Civil Legal Aid Act 1995 makes provision for the grant by the State of legal aid and advice to persons of modest means in civil cases who meet the requirements of the Act and Regulations. The scope of the Act is very broad and covers most areas of civil law. The applicant must satisfy a means test and be found to be financially eligible under the provisions of the Act and Regulations. In addition to satisfying the means test, a merits test is applied also to each individual application for legal aid. The applicant is liable for a contribution which is also determined under the provisions of the Act and Regulations.

I should also stress that for the vast majority of persons, civil legal aid is not free and they are required to make a financial contribution (based on their income and assets) which in most cases is relatively small. The minimum contribution for legal advice is €10 and for legal aid is €50. The contributions can be waived in certain limited circumstances. There are certain categories of cases in which it is free and is not means assessed. I understand that Information Leaflets about the services (including a Leaflet on Financial Eligibility) that the Board provides and a full list of the Board's Law Centres is available at the Board's website(www.legalaidboard.ie).

The criteria for granting legal aid are not uniform across the EU. The Council Directive 2002/8/EC is designed to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes. There is a standard application form which a person may complete and send to his or her own legal aid authority who can transmit it to the legal aid authority of the Member State in which the court is sitting. A person who is deemed to be financially ineligible in their own country may have an application transmitted to this country in respect of court proceedings in this jurisdiction and if found to be financially eligible and to meet the other legal aid criteria, may be granted a legal aid certificate.

I should emphasise that the Board can only process and determine applications for legal aid where the proceedings are in this jurisdiction. Any applicant wishing to seek legal aid for a matter in another jurisdiction must complete the standard application form and the Board, which is the designated transmitting and receiving authority for inter-jurisdictional legal aid applications, transmits the application to the relevant receiving authority in the other jurisdiction. A copy of the relevant form is available on the Board's website www.legalaidboard.ie

Under the Criminal Justice Legal Aid Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid in criminal matters. 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" or "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. Under the 1962 Act, the applicant for free legal aid in criminal matters 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.

My Department, in consultation with the Office of Parliamentary Counsel, is considering a range of changes to the current system, including the introduction of measures aimed at bringing a greater degree of rigour to the means assessment process in relation to criminal legal aid, increase the sanctions for providing false information and provide for the possibility of contributions towards the cost of legal representation where individuals have the means to do so. Responsibility for administering all legal aid will be consolidated with the Legal Aid Board. It is essential that the system is rigorous while ensuring legal aid is available to those who are entitled to it. I am also anxious to ensure that any measures introduced should not ultimately cost more than is saved.

The Deputy will be aware that EU member states operate different legal systems and by virtue of this will apply different criteria for the award of legal aid within their respective national systems but all states are bound by Article 6.3.c of the European Convention on Human Rights which provides that "Everyone charged with a criminal offence has the following minimum rights: .....(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require".