Brian Walsh (Galway West, Fine Gael)
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To ask the Minister for Justice and Equality his plans for further reform of criminal legal aid under the proposed Legal Aid Bill; and if the introduction of means testing will be considered in the context of the Bill. [9428/13]

Alan Shatter (Dublin South, Fine Gael)
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The current legislation governing the Criminal Legal Aid Scheme is the Criminal Justice (Legal Aid) Act 1962 and a series of regulations made thereunder. The Act provides that an applicant for criminal 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 legal aid was established in 1976 in the Healy -v- Donoghue case. In addition, Article 6(3)(c) of the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend him/herself in person or through legal assistance of his/her own choosing or, if he/she has insufficient means to pay for legal assistance, to be given it free when the interests of justice so require.

A new Criminal Legal Aid Bill is planned to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Consideration is being given to including in the Bill provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute cases of abuse. Provision to give power to the Legal Aid Board to recover the costs of criminal legal aid or to make application to a court to revoke a criminal legal aid certificate are also under consideration. These provisions must have regard to a person's rights to the presumption of innocence, to a fair trial and to be given legal aid, where appropriate. I hope it will be possible to publish the Bill during the course of this year.