Paudie Coffey (Waterford, Fine Gael)
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904. To ask the Minister for Justice and Equality the total cost of the free legal aid service that the State provides on annual basis for the years 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [34940/13]

Alan Shatter (Dublin South, Fine Gael)
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I can inform the Deputy that the provision of legal aid falls within two separate categories, i.e criminal legal aid and civil legal aid. Details in respect of each category are as follows:

Civil Legal Aid

The Legal Aid Board (LAB) is the statutory body which provides legal aid and advice in civil law matters to persons on lower incomes. All Board services are governed by the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations. I wish to clarify for the Deputy that the Legal Aid Board provides 'legal aid' and not 'free legal aid'. The vast majority of persons receiving services from the Board pay a small financial contribution.

In respect of civil legal aid, Exchequer funding is provided by way of grant-in-aid to the Legal Aid Board. The relevant amounts allocated are set out hereunder.

It should be noted that the figures for 2012 onwards include funding in respect of the Family Mediation Service, for which the Board assumed responsibility in late 2011. The full year allocation for 2013, as set out in the Revised Estimates Volume, is €32,659,000.

Criminal Legal Aid

The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the judiciary.

Total expenditure on criminal legal aid for the years referred to by the Deputy is detailed below.

The Deputy will note that total expenditure for 2012 represented a reduction of 10% over 2011. This reduction in the annual expenditure is the largest ever recorded and represents a fall of approximately €10 million, or 16%, over the peak recorded in 2009. This follows savings measures introduced since I came into office including cuts to fees in the course of 2011.