Bernard Durkan (Kildare North, Fine Gael)
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151. To ask the Tánaiste and Minister for Justice and Equality the extent to which evaluation has taken place of the utilisation of free criminal legal aid by professional criminals to advance their cause; and if she will make a statement on the matter. [24698/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, 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. An accused person is entitled to be informed by the court in which he or she is appearing of his or her possible right to legal aid. 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 his or her defence or appeal. The courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. Furthermore, 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. There is no lawful basis for taking into account an applicant's previous convictions in determining whether or not a person qualifies for criminal legal aid. I have no function in these matters which are determined by the judiciary.

Work on the preparation of a draft General Scheme of a Criminal Justice (Legal Aid) Bill is at an advanced stage in my Department. The key purpose of the legislation is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid, provision for contributions, and new sanctions for abuse of the system. It is my intention to seek approval of Government for the General Scheme of the Bill and submit it to the Oireachtas for pre-legislative scrutiny as soon as practicable.