Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

687. To ask the Tánaiste and Minister for Justice and Equality the value of criminal legal aid claimed by county under each of the various criminal legal aid schemes in each of the years 2018 to 2020, in tabular form. [12559/21]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

688. To ask the Tánaiste and Minister for Justice and Equality the number of persons that were granted criminal legal aid by county under each of the various criminal legal aid schemes in each of the years 2018 to 2020, in tabular form. [12560/21]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

689. To ask the Tánaiste and Minister for Justice and Equality the amount of legal aid paid to each supplier (details supplied) under each of the various criminal legal aid schemes in each of the years 2018 to 2020, in tabular form. [12561/21]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 687, 688 and 689 together.

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 Scheme, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal aid themselves. The 1962 Act specifies that 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. Criminal prosecutions originate in the District Court and if so satisfied, the Judge will grant a criminal legal aid certificate.

It is not possible to provide the value of criminal legal aid by county under the Criminal Legal Aid Scheme for each of the years 2018 to 2020. This information is not readily available and could not be compiled without disproportionate use of staff resources.

Expenditure on the main Criminal Legal Aid Scheme for each of the years 2018 to 2020 was as follows:

The CAB Scheme, which came into effect from 2 April 1998, is applicable to persons who are respondents and/or defendants in any court proceedings brought by, or in the name of, the Criminal Assets Bureau, including court proceedings under the Proceeds of Crime Act, 1996, the Revenue Acts or the Social Welfare Acts and applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act 1994. The responsibility for the administration of the Scheme was transferred from my Department to the Legal Aid Board on 1 January 2014. Expenditure in each of the years 2018 to 2020 was as follows:

The Garda Station Legal Advice Scheme came into effect in 2001. It provides that where a person is detained in a Garda Station for the purpose of the investigation of an offence and s/he has a legal entitlement to consult with a solicitor and the person’s means are insufficient to enable him/her to pay for such consultation, that consultations with solicitors will be paid for by the State. The Scheme, now known as the Garda Station Legal Advice Revised Scheme, was extended in May 2014 to include attendance of a solicitor at a formal interview between the Gardaí and the detainee. The responsibility for the administration of the Scheme was transferred from my Department to the Legal Aid Board on 1 October 2011.Expenditure in each of the years 2018 to 2020 was as follows:

The Scheme was introduced in October 2009 following a Supreme Court decision to allow a judge to assign counsel in the District Court to a defendant because of the gravity of the charge and complexity of the case, as well as any other exceptional circumstances.

Following a High Court Judicial Review case in 2016, the Scheme was revised to allow a Circuit Court Judge grant legal aid in respect of a District Court Appeal.

Expenditure under the District Court Counsel Scheme was as follows:

The Legal Aid - Custody Issues Schemeprovides payment for legal representation in the High Court and the Supreme Court for certain types of cases not covered by civil legal aid or the Criminal Legal Aid Scheme. The cases covered include Habeas Corpus (Article 40.4.2) Applications, High / Supreme Court Bail Motions, certain types of Judicial Review, Extradition and European Arrest Warrant Applications.

The Scheme was previously administered on behalf of the Attorney General by my Department. From 1st June 2012 the remit for the administration of the Scheme was transferred to the Legal Aid Board.

The expenditure under the Scheme in each of the years 2018 to 2020 was as follows:

Carol Nolan (Laois-Offaly, Independent)
Link to this: Individually | In context | Oireachtas source

690. To ask the Tánaiste and Minister for Justice and Equality the funding provided for free legal advice for applicants through the Legal Aid Board's refugee legal service as provided for in the International Protection Act 2015 in each of the years 2016 to 2020 and to date in 2021, in tabular form; and if she will make a statement on the matter. [12590/21]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Legal Aid Board is the statutory body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.

Section 3(3) of the Act provides that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions. However, to be of assistance to the Deputy I have had enquiries made with the Legal Aid Board on foot of which the following information is provided.

Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Legal Aid Board. There are 30 full time and 12 part-time law centres. Arising from the enactment of the International Protection Act 2015, the Legal Aid Board integrated the Refugee Legal Service into its main law centre network. Specific law centres in Dublin, Cork and Galway currently include an international protection speciality. International protection is one of many services provided by those law centres. The Legal Aid Board also engages private solicitors to provide services in international protection cases. A substantial portion of the Board’s international protection cases are handled by private practitioners.

With the introduction of the single application procedure following the enactment of the International Protection Act 2015, the Board established and maintains a panel of solicitors who are willing to provide services to persons who have been granted legal services for the purpose of: advice and/or representation in relation to an application under the International Protection Act 2015 for asylum, subsidiary protection and permission to remain; and for all relevant matters covered by the International Protection Act 2015, the Refugee Act 1996 and the Immigration Act 1999.

Since 2017, referrals to private solicitors have occurred at the outset of the International Protection process to ensure applicants receive legal advice at the earliest stage. Prior to the commencement of the Act, referrals more typically took place at the appeals stage.

The following table shows the case expenditure (not including pay or operationalcosts) in relation to the provision of legal aid and advice in the area of international protection, as provided by the Legal Aid Board.

Table 1

In Budget 2021, I provided an increased provision of over €2 million for the Legal Aid Board bringing its total funding to €44.6 million for this year, a 6% increase. This will enable the Board to recruit additional staff and meet other costs to enhance delivery of all of its services across the country.