Noel Grealish (Galway West, Independent)
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306. To ask the Minister for Justice and Equality the number of persons who have been granted free legal-aid in County Galway, by category of offence, the number of times these persons have availed of free legal aid previously; the number of previous convictions; the cost for each of the past five years; and if she will make a statement on the matter. [45220/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Criminal Justice (Legal Aid) Act, 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings.

Under the Act, the courts, through the judiciary, are responsible for the granting of 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 themselves in person or through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. The Deputy will 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.

The assignment of lawyers or the granting of aid are matters for the Court and, as such are handled by the judiciary on the applicant's appearance in court. Criminal prosecutions originate in the District Court and if so satisfied, the Judge will grant a criminal legal aid certificate. Figures are not kept in such a way as to be able to provide a breakdown of the number of certificates granted for criminal legal aid in County Galway, broken down by category of offence and the cost of same. There is no limit to the number of times that a person can be granted legal aid under the Scheme. Whether or not an applicant has received legal aid previously is not a consideration in determining eligibility for legal aid and such information is not recorded by the Courts Service. An applicant's previous convictions are also not a criterion for the granting of criminal legal aid under the Act.