Paudie Coffey (Waterford, Fine Gael)
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905. To ask the Minister for Justice and Equality the total amount of money that has been recouped by the free legal aid service on an annual basis for the years 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [34941/13]

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

The Legal Aid Board recoups money from its clients in two ways. Contributions are received from clients towards the cost of the service with the amount of the contribution dependent on the client's disposable income and disposable capital, if any. In addition, the Board may recover its costs in certain cases where an award or settlement has been received by the client. The relevant amounts received by the Board are set out hereunder for the years in question.

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.

The Deputy should note that there is no recoupment of money from defendants under the Criminal Legal Aid Scheme.