Michael McGrath (Cork South Central, Fianna Fail)
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33. To ask the Minister for Justice and Equality if it is permissible for a solicitor who is acting for a defendant in a criminal case under the free legal aid scheme to charge the defendant top-up or additional fees; the rules and sanctions in this regard; and if she will make a statement on the matter. [24587/16]

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 persons of insufficient means in criminal proceedings. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the judiciary.

Regulations made under the Act set out the fees payable by my Department to a solicitor assigned to a case in pursuance of a free legal aid certificate. On being assigned, the legal practitioner makes a declaration that they have not received, nor will they accept any payment towards the cost of a case from, or on behalf of, the defendant. A solicitor, therefore, should not charge a defendant top-up or additional fees and may not accept fees from a defendant in relation to any case where that solicitor has been assigned under the Criminal Legal Aid Scheme, and the relevant sanction is set out in section 12(2) of the Criminal Justice (Legal Aid) Regulations 1965. Section 12(2) states as follows:

"If the Minister so thinks fit, he may refuse to make a payment under the Act in relation to a case in respect of which a certificate for free legal aid has been granted unless the person in respect of whom the payment falls to be made, furnishes to the Minister a document stating that he has not made or agreed to make and will not make or agree to make a payment towards the costs or expenses of the case in relation to which the certificate was granted and is not aware of a payment or intention to make a payment by any other person (other than under the Act) towards such costs or expenses".

It is open to any client of a solicitor to complain to the Law Society in any case where it is believed that he or she has been overcharged, or incorrectly charged, by a solicitor, and similar safeguards are contained in the legislative provisions establishing the new Legal Services Regulatory Authority.

I should add that, if it is the case that the Deputy is aware of any instance where top-up or additional fees may have been charged by a solicitor under the Criminal Legal Aid Scheme, I would invite the Deputy to make me aware of the relevant details.

My Department is currently preparing legislation to give effect to the Government's commitments to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to strengthen aspects of its operation.