Paudie Coffey (Waterford, Fine Gael)
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1131. To ask the Minister for Justice and Equality if he will consider introducing legislation that would allow for a recoupment scheme for persons who are in receipt of criminal legal aid and are convicted; whether that be by way of seizure of assets or a contribution from future earnings; and if he will make a statement on the matter. [38759/13]

Alan Shatter (Dublin South, Fine Gael)
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Expenditure on the Criminal Legal Aid Scheme for 2012 came to €50.5 million which represented a reduction of 10% over 2011. This is the largest reduction in the annual expenditure ever recorded and represents a fall of approximately €10 million, or 16%, over the peak recorded in 2009. This follows a number of measures introduced since I came into office including significant cuts to practitioners' fees during 2011.

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 aid him/herself. The Act specifies that 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 Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if he/she cannot afford to pay for legal representation there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, 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 being drafted to update and strengthen the system of granting legal aid including the transferring of 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 in cases of abuse. Provisions 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 will have regard for a person's right to the presumption of innocence, to a fair trial and to be given legal aid where appropriate.

Billy Timmins (Wicklow, Independent)
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1132. To ask the Minister for Justice and Equality the position regarding an Act to end sex trafficking and prostitution in 2013 (details supplied); and if he will make a statement on the matter. [38783/13]

Alan Shatter (Dublin South, Fine Gael)
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The publication referenced in the Deputy's question is the recent report of the Joint Committee on Justice, Defence and Equality on hearings and submissions on the current review of prostitution legislation. The Joint Committee published its report on 27 June last and the report is being examined.

It should be noted that existing legislation includes offences of organising prostitution, brothel keeping, living off the earnings of prostitution and human trafficking for sexual exploitation.