Brendan Griffin (Kerry South, Fine Gael)
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562. To ask the Minister for Justice and Equality the annual cost to the Exchequer for free legal aid; if a county breakdown exists for this figure; if the legal professional recipients of free legal aid will be disclosed; his plans to limit the amount of times a person can avail of free legal aid or at least change the free status to affordable, where a portion of income would be deducted in exchange for legal aid; and if he will make a statement on the matter. [7810/14]

Alan Shatter (Dublin South, Fine Gael)
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The reply is as follows:

Criminal Legal Aid

The annual cost of criminal legal aid for the last four years is as follows:

The Deputy will note that the total expenditure for 2012 is €5.6 million less than that for 2011. This decrease in expenditure is mostly attributed to a reduction of 10% in fees payable which was implemented on 1 October 2011. Unfortunately figures are not kept in such a way as to be able to provide a breakdown by county.

The Courts Policy Division of my Department will forward a list outlining payments made under the Criminal Legal Aid Scheme to solicitors and barristers in 2013 to the Deputy.

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 in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant 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. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.

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 they 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. The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.

There is no limit to the number of occasions a person can be granted legal aid under the Criminal Legal Aid Scheme.

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.