Réada Cronin (Kildare North, Sinn Fein)
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342. To ask the Tánaiste and Minister for Justice and Equality the cost of the free legal aid scheme for criminal justice in 2021 and in each of the past five year in tabular form; the number of cases involved in each; and if she will make a statement on the matter. [35522/21]

Hildegarde Naughton (Galway West, Fine Gael)
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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 number of cases involved under the Criminal Legal Aid Scheme for each of the years 2016 to 2021.

Figures are not kept in such a way as to be able to provide a breakdown of the number of cases where Criminal Legal Aid was granted.

Expenditure on the main Criminal Legal Aid Scheme for each of the years 2016 to 2021 (to end May) was as follows: