Tony McLoughlin (Sligo-Leitrim, Fine Gael)
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101. To ask the Minister for Justice and Equality her views on a legislative change to prohibit sitting Teachtaí Dála from receiving free legal aid; and if she will make a statement on the matter. [9713/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Criminal Justice (Legal Aid) Act 1962, provides that free legal aid may be granted in certain circumstances for the defence of any 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 or her means are insufficient to enable the applicant to pay for legal representation themselves. 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 Minister has no function in these matters which are determined by the judiciary which is independent in the exercise of its functions. Subject to the statutory requirements, the law does not exclude any person or category of persons from consideration in the context of the grant by a court of criminal legal aid.

Proposals for new Criminal Legal Aid legislation are currently being prepared to update and strengthen the system of granting legal aid including transferring responsibility for its administration to the Legal Aid Board. The proposed measures would include provisions to enable the Board to investigate the means of a person to whom legal aid was granted and, where it is determined that the person can afford to pay the costs or a portion of the costs, to direct that person to pay the amount calculated as being owed. Other proposed measures would include powers to revoke the criminal legal aid certificate and sanctions for providing false or misleading information for the purpose of obtaining legal aid. In saying this, it should not be construed as having any connection to any case or cases currently before the Courts.