Brendan Griffin (Kerry South, Fine Gael)
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Question 370: To ask the Minister for Justice and Equality the cost to the Exchequer of the legal aid system over the past five years; the number of persons per annum that avail of the service; the number of convictions that occurred in such cases; and if he will make a statement on the matter. [23691/12]

Alan Shatter (Dublin South, Fine Gael)
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Under the Criminal Justice (Legal Aid) Act 1962, the Courts, through the judiciary, are responsible for the granting of criminal 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. The constitutional right to criminal legal aid was established in 1976 in the Healy -v- Donoghue case.

The Legal Aid Board is the independent statutory body which provides legal aid in civil cases. The two main criteria are the financial eligibility test and the merits test. The volume of business in this area over the past five years is indicated in the following data provided by the Legal Aid Board.