Seán Kenny (Dublin North East, Labour)
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Question 380: To ask the Minister for Justice and Equality the number of times legal aid was refused to suspects on the recommendation of the Garda from 2008 to date in 2011; and the number of cases in each of the years in question that were dealt with at District Court level, Circuit Court level and High Court level. [28728/11]

Alan Shatter (Dublin South, Fine Gael)
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As the Deputy will be aware, 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" 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.

In considering an application judges may seek input from a member of An Garda Síochána regarding the circumstances of the applicant seeking criminal legal aid but this input is not formalised. The judiciary base their decision on the relevant jurisprudence and all of the information available to them in the context of the criteria outlined. I am informed that the number of cases in which legal aid is refused is not readily available and would necessitate a disproportionate expenditure of staff time and resources to provide which could not be justified. I regret that I cannot be of greater assistance to the Deputy on this occasion.