James Browne (Wexford, Fianna Fail)
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As the Deputy is aware, the Criminal Justice (Legal Aid) Act 1962, is the primary legislation covering the operation of the Criminal Legal Aid Scheme.

Under the Act, it is the courts, through the judiciary, who are responsible for the granting of legal aid.

Last July, myself and Minister McEntee published the General Scheme of the Criminal Justice (Legal Aid) Bill 2023 after it was approved by Cabinet.

This Bill will modernise the operation of the Criminal Legal Aid Scheme, transferring administrative responsibility from the Department of Justice to the Legal Aid Board and introducing strengthened oversight and governance structures for the Scheme.

The Bill will also introduce a number of reforms to safeguard the operation of the Criminal Legal Aid scheme, and to formalise existing procedures and strengthen controls where that is warranted.

It will introduce a simple and transparent written or online application system for Criminal Legal Aid, which will be required to be supported by a Statement of Financial Circumstances.

The Courts will continue to grant legal aid, as is required under the Constitution and the European Convention on Human Rights, but will be able to impose a condition that the granting of legal aid is subject to a further assessment of income by the Legal Aid Board, where deemed necessary.

The Board will be able to make a recommendation that the applicant is of sufficient means to pay some of their legal costs themselves, rather entirely have it paid for by the State. Where appropriate, it can be recommended that some applicants make a contribution to the costs of providing legal aid.

It will also be open to the Court to refer a person to the Legal Aid Board for an assessment of income if they fail or refuse to provide information on their financial means.

Anyone who knowingly or recklessly makes false or misleading statements in relation to their financial circumstances, or another person’s financial circumstances, will be guilty of an offence that could lead to a €4,000 fine or six month’s imprisonment.

It will also be open to the court to amend the terms on which legal aid is granted, for example on objection by the prosecution, or where the person in receipt of legal aid has not co-operated with the court or with the Legal Aid Board.

The Scheme was referred to the Justice Oireachtas Committee for pre-legislative scrutiny and the Committees report and recommendations are now being considered.

I would also like to acknowledge the crucial role played in the administration of justice by barristers and solicitors who undertake criminal legal aid work.

Their work ensure that the Constitutional and ECHR rights to the presumption of innocence and to due process are fully respected which limits avenues for appeal or prohibition of the prosecution.

That was why it was a priority to secure a 10% increase in the fees payable to legal professionals under Budget 2024 and we are committed to continuing to engage with all stakeholders as the reforms to the scheme progress.