Peter Burke (Longford-Westmeath, Fine Gael)
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334. To ask the Tánaiste and Minister for Justice and Equality if there is a cap on the amount a legal aid solicitor or barrister working in legal aid can make; if there have been cases in which action has been taken against legal professionals that incur additional expense for spurious reasons; if there is a mechanism for an independent third party to review such incidents and the merits contained therein; and if he will make a statement on the matter. [12312/18]

Charles Flanagan (Laois, Fine Gael)
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I wish to inform the Deputy that the provision of legal aid falls within two separate categories, that is, civil legal aid and criminal legal aid.  Details in respect of each category are outlined below.

Civil Legal Aid

The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.

Civil legal aid is generally provided by solicitors who are employed by the Legal Aid Board. As such, they are paid a salary and their pay is not in any way related to the amount of cases undertaken or the length thereof.

In a minority of cases, civil legal aid is provided by solicitors who are members of the Board’s solicitor panels. Such solicitors have accepted the terms and conditions of participation in the panel concerned.  These terms include a fee schedule which provides for a specific fee for each case undertaken.  The Legal Aid Board does not place any restriction on the number of cases any particular solicitor can undertake, as to do so would place an undue restriction on the right of the legally aided person to select their solicitor as provided for under section 31(1) of the Civil Legal Aid Act 1995.

Insofar as the engagement of barristers by the Board is concerned, barristers who wish to provide legal aid services must accept the terms and conditions of the Legal Aid Board’s Barristers' Panel.  This includes the fee schedule set out. The Legal Aid Board does not place any restriction on the number of cases any particular barrister may undertake, based on the Board's requirements for legal services. All claims received by barristers are checked to ensure the appropriate fee is claimed.

The Legal Aid Board has measures in place to quality assure the work carried out by solicitors. This is in the form of best practice guidelines for the conduct of cases as well as regular reviews of legal aid client files by senior managers. Solicitors working in the Law Centres are civil servants and are subject to the Civil Service Disciplinary Code including its provisions with regard to managing underperformance. Private solicitors may be removed from the legal aid panel(s) of which they are members in cases where serious performance issues arise.

The Legal Aid Board has a complaints procedure which is detailed on its website at www.legalaidboard.ie. Complaints in relation to the administrative actions of the Legal Aid Board may be referred to the Office of the Ombudsman.

Criminal Legal Aid

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 granting of aid is a matter for the court and I have no function in the matter.

The rates of fees payable to solicitors for attendance in the District Court and for appeals to the Circuit Court with effect from 13 July 2011 are set out in Statutory Instrument No. 362 of 2011.  €201.50 is paid for the first appearance in court by the solicitor and €50.39 is paid for any subsequent court appearances.

Statutory Instrument No. 234 of 1976 provides that fees paid to counsel acting in the Circuit and higher courts for defendants who have been granted free legal aid are paid on a parity basis with the fees payable to prosecution counsel as set by the Office of the Director of Public Prosecutions (ODPP).  The fees paid to solicitors for the defendant are related to those paid to junior counsel as provided for by Statutory Instrument No. 33 of 1978. 

There is no cap on the amount that may be paid to a practitioner.  This is determined by the number of cases to which they are assigned.

Claims and payments made under the Criminal Legal Aid Scheme are closely monitored.  An Oversight Committee was established in 2015 and is comprised of representatives from the Courts Policy Division and Financial Shared Services of my Department, the Courts Service, the Legal Aid Board, An Garda Síochána, the Irish Prison Service and the Chief State Solicitor’s Office.  In addition, the management and good governance of expenditure under the Criminal Legal Aid Scheme is subject to audit by my Department’s Internal Audit Unit which reports to our Audit Committee.

Regardless of whether it is civil or criminal legal aid being provided, the Deputy may wish to note that all solicitors remain subject to the rules and disciplinary processes of the Law Society of Ireland. Equally barristers providing legal aid services remain subject to the Code of Conduct for the Bar of Ireland and the Bar’s disciplinary processes.