Róisín Shortall (Dublin North West, Social Democrats)
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118. To ask the Minister for Justice and Equality the resources available to persons defending themselves in court; her plans to help reduce the standard costs associated with defending oneself such as printing, photocopying of standard forms and so on; and if she will make a statement on the matter. [17058/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, all standard costs associated with defending oneself in court are borne by the persons defending themselves in court. However, these persons could qualify under the Civil Legal Aid Scheme or the Criminal Legal Aid Scheme should they meet the required criteria.

The provision of civil legal aid in the State is delivered through the Legal Aid Board which administers the Civil Legal Aid Scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations 1996 to 2016. All applicants for civil legal aid and advice are required to meet a merit test and financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2016. The vast majority of applicants granted legal aid and advice are also required to pay some contribution, with some exceptions, such as in regard to defence of District Court child care proceedings and in representation of victims in rape trials. In addition, there are some matters for which there are no financial eligibility criteria, such as legal services provided as part of Abhaile, the Government’s Mortgage Arrears Resolution Service, to a person who satisfies the criteria for admission to that scheme.

It should also be noted that the Civil Legal Aid Act provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant. The Legal Aid Board has a policy role in relation to the provision of civil legal aid and periodically brings proposals to my Department in relation to the financial eligibility and other criteria in relation to civil legal aid. I understand that the Legal Aid Board are to consider the criteria in 2017 and I will consider any proposal it may make in due course.

The Deputy will also be aware that 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 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. My Department is responsible for the payment of fees and expenses to the legal practitioners. I have no function in the day to day operation of the scheme, the assignment of lawyers or the granting of aid which are matters for the court and, as such, are handled by the judiciary.

In regard to standard court fees, I wish to inform the Deputy that fees charged in the courts are set by means of Statutory Instrument. Court fees orders are made by myself as the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform. The Courts Service keeps its fee structure under continuous review in accordance with the power given to it under the Courts Service Act.