Bernard Durkan (Kildare North, Fine Gael)
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85. To ask the Minister for Justice and Equality the extent to which free legal aid is abused by criminals; and if she will make a statement on the matter. [17607/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, under the Criminal Justice (Legal Aid) Act 1962 the courts, through the judiciary, are responsible for the granting of legal aid. Applicants for legal aid must establish to the satisfaction of the court that their means are insufficient to enable then to pay for legal representation. 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 Programme for Partnership Government states that a more rigorous and objective means testing process for applications for criminal legal aid will be introduced along with increased sanctions for the making of false declarations by applicants.

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. Key to the better governance of the Scheme will be a provision which will make it mandatory for all applicants for legal aid to complete an application form along with a detailed statement of means. 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 abuse is detected and it is proven that false or misleading information was provided, such a person shall be guilty of an offence and shall be liable on summary conviction to a fine and or imprisonment.