Written answers

Wednesday, 23 November 2022

Department of Justice and Equality

Legal Aid

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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147. To ask the Tánaiste and Minister for Justice and Equality the value of criminal legal aid claimed in each respective county under each of the various criminal legal aid schemes in each of the years 2012 to 2021 and date in 2022, in tabular form. [58263/22]

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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148. To ask the Tánaiste and Minister for Justice and Equality the names and specific amount paid to the top ten solicitors or legal companies that were the recipients of free legal aid contracts or work from 2012 to 2021, in tabular form; and if she will make a statement on the matter. [58264/22]

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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149. To ask the Tánaiste and Minister for Justice and Equality the names and specific amount paid to the top ten barristers or legal companies who were the recipients of free legal aid contracts or work from 2012 to 2021, in tabular form; and if she will make a statement on the matter. [58265/22]

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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150. To ask the Tánaiste and Minister for Justice and Equality the specific amount of criminal legal aid, under each of the various criminal legal aid schemes that has been paid out to date in 2022; and if she will make a statement on the matter. [58266/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 147, 148, 149 and 150 together.

As the Deputy is aware, Criminal Legal Aid is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional position that legal aid must 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 on application by the defence in court. My Department has no influence in the granting of legal aid or in the appointment of solicitors to a case.

Defence solicitors are either engaged privately by their client or appointed as part of Court proceedings. In relation to the latter, legal services are provided by private solicitors who have notified the relevant Court of their availability to undertake legal aid work. As per Regulation 4 of the Criminal Justice (Legal Aid) Regulations 1965 (S. I. No. 12 of 1965) each County Registrar is required to maintain a list of solicitors who are willing to act in that county for persons to whom certificates for legal aid are granted.

The Criminal Justice (Legal Aid) (Tax Clearance Certificate) Regulations 1999 (S. I. No 135 of 1999) provide that a solicitor who wishes to have their name added to, or retained on, the panel which is maintained by the County Registrar, must furnish a printed copy of their electronic Tax Clearance Certificate to the County Registrar(s) annually dated after 30 November of the year prior to which inclusion on the panel(s) is sought to be retained. My Department is responsible for the payment of fees and expenses to the legal practitioners.

Table 1 below sets out the amount of criminal legal aid, under each of the various criminal legal aid schemes that has been paid out to date in 2022:

Table 1:

Scheme Total Expenditure to Date
Criminal Legal Aid €59,888,056
Custody Issues €4,101,813
Garda Station €1,261,957
CAB €39,257

The names and the amounts paid to the top ten solicitors or legal companies, and barristers or legal companies, that were the recipients of payments for the provision of legal aid for each of the years from 2012 to 2021 is set out in Table 2 attached.

Table 2:

It is not possible to provide the value of criminal legal aid claimed in each respective county under each of the various criminal legal aid schemes in each of the years 2012 to 2021 and to date in 2022 as data is not compiled in such a way as to make this information available.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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151. To ask the Tánaiste and Minister for Justice and Equality the number of legal aid certificates issued in each of the years from 2012 to 2021 and to date 2022; and if she will make a statement on the matter. [58267/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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At the outset, it is important to clarify that criminal legal aid and civil legal aid are separate services.

Criminal legal aid is granted by the Courts and concern the prosecution of criminal offences.

On the other hand, the Legal Aid Board provide civil legal aid. Civil matters concern disputes between party A and party B, or between party A and an organisation. Civil legal aid and advice does not cover when a person has been charged with a criminal offence.

Funding and administration of criminal legal aid is overseen by the courts while civil legal aid funding is managed by the Legal Aid Board.

As the Deputy may be aware, the Legal Aid Board is the independent 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 2021. To be of assistance, I have, however, asked the Legal Aid Board for the information sought so I can inform the Deputy of the following.

Civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Legal Aid Board. There are 34 full-time and 3 part-time law centres. Specific law centres in Dublin, Cork and Galway include an international protection speciality. There are also dedicated units in Dublin dealing with personal injury and/or medical negligence cases and cases involving children at risk. In addition, family mediation services are provided through 10 full-time offices and 10 part-time offices.

The Board also engages private solicitors to supplement the services provided by Board solicitors in certain areas of law on a case by case basis. Those areas of law are: District Court family law matters, Circuit Court judicial separation and divorce cases, international protection cases, and cases on foot of the Abhaile scheme.

The Table below sets out the number of civil legal aid certificates granted each year by the Legal Aid Board from 2012 to 2021 and 2022 to date.

Year
Number of legal aid certificates granted
2022 (to 18 November) 15,117
2021 12,553
2020 12,240
2019 15,442
2018 14,157
2017 12,239
2016 11,022
2015 10,691
2014 10,598
2013 10,745
2012 9,158
The Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional right that free legal aid must 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 on application by the defence in court. My Department has no influence in the granting of legal aid or in the appointment of solicitors to a case.

Defence solicitors are either engaged privately by their client or appointed as part of Court proceedings. In relation to the latter, legal services are provided by private solicitors who have notified the relevant Court of their availability to undertake legal aid work. As per Regulation 4 of the Criminal Justice (Legal Aid) Regulations 1965 (S. I. No. 12 of 1965) each County Registrar is required to maintain a list of solicitors who are willing to act in that county for persons to whom certificates for free legal aid are granted.

The Table below sets out the number of criminal legal aid certificates granted each year by the Legal Aid Board from 2012 to 2021 and 2022 to date.

Year
Number of Criminal Legal Aid Certificates issued in the District Court
2022 (to October ) 67,902
2021 80,831
2020 73,611
2019 79,346
2018 72,674
2017 64,181
2016 55,617
2015 53,937
2014 51,128
2013 49,843
2012 49,639
This figure relates to the District Court only as this is where the majority of certificates originate. There is no data available on criminal legal aid certificates issued in the higher Courts.

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