John Curran (Dublin Mid West, Fianna Fail)
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500. To ask the Tánaiste and Minister for Justice and Equality when the operation of the free legal aid scheme was last reviewed; his plans to review its operation; and if he will make a statement on the matter. [36534/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy is aware the Criminal Legal Aid Scheme is a vital element of the criminal justice system.  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 1962 Act, 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.  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. I have no function in these matters which are determined by the judiciary.

Following a recommendation made by my Department's Internal Audit Committee in 2015, a Criminal Legal Aid Oversight Committee was set up.  The Committee is made up of representatives of my Department , the Courts Service, An Garda Síochána, the Irish Prison Service, the Chief State Solicitor's Office and the Legal Aid Board.  The purpose of this Committee is to oversee and advise on the management and control of the criminal legal aid schemes and to provide a platform for the improved coordination of the respective roles of the agencies represented on the Committee. 

My Department is preparing a draft General Scheme of a Criminal Justice (Legal Aid) Bill, the key purpose of which 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.   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 early as is practicable.