Urgent review of the free legal aid system essential to prevent abuse – O’Donovan

Limerick Fine Gael TD, Patrick O’Donovan has called for an urgent review of the way in which free legal aid is granted in criminal proceedings.

“Recent cases have put the spotlight firmly on the administration of free legal aid and I’m now calling on the Minister for Justice to examine this area and if necessary prepare amending legislation to ensure the system is not abused.

“Currently 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. An applicant for legal aid must establish to the satisfaction of the court that his or her means are insufficient to enable him or her to pay for legal aid.

“The problem is that is this is purely a discretionary matter for each court and is not governed by any financial eligibility guidelines. In my view this is an issue that must now be addressed by the Minister for Justice, if we are to prevent abuse of the system.

“Under the current system, what we see is the same people, in and out of the courts, availing of free legal aid at the taxpayers’ expense. Enough is enough.

“The ridiculous and farcical current situation could be seen for what it is recently when someone on a salary of over €85,000 qualified for free legal aid. The administration of this system simply has to be changed and I am now calling for action on the matter.”