The Joint Committee on Justice publishes its Report on Pre-Legislative Scrutiny of the General Scheme of the Criminal Justice ( Legal Aid ) Bill 2023

Among the General Scheme’s objectives are transferring administrative responsibility for the Criminal Legal Aid Scheme from the Department of Justice to the Legal Aid Board; to strengthen the oversight and governance relating to the Criminal Legal Aid Scheme; and to introduce a simplified and transparent written or online application system for Criminal Legal Aid.

The General Scheme will also extend the provision of legal assistance by the Legal Aid Board for victims of rape and sexual assault, in line with recommendations from the ‘Supporting a Victim’s Journey’ report, so that it may provide legal advice to a victim any time after an offence, even where the victim decides not to make a formal complaint

Speaking on the Report, Committee Cathaoirleach Deputy James Lawless TD said “the Committee acknowledges that having a robust and effective criminal legal aid system is important for several reasons, among them ensuring that the public maintains its trust in the functioning of the courts system; that there is equal access to justice for all citizens; and to uphold the rule of law in Ireland.”

COMMITTEE RECOMMENDATIONS

Among the recommendations made by the Committee are:

• The Committee recommends that the legal aid fees for criminal barristers are restored as soon as possible, and as a matter of urgency.
• The Committee recommends that the proposal, in Part V of the General Scheme of the Bill would be reconsidered and that the payment of criminal legal aid would not be transferred to the Legal Aid Board.
• The Committee recommends that consideration is given to introducing a system of direct payment of fees to barristers, representing criminal legal aid cases at District Court level, which should be put on a statutory basis.
• The Committee recommends that the legislation should state clearly that victims shall not be required to comply with a means test or make any contributions, in order to access legal aid services or legal advice in relation to sexual offences.
• The Committee recommends that the right to legal advice should also apply to victims of all domestic violence-related offences and that a pool of suitably qualified and experienced people should be readily available to provide this advice.

Read the full Report

The Cathaoirleach James Lawless is available for comment on james.lawless@oireachtas.ie or 086 834 8869.

Read more on the work done by the Justice Committee

Committee proceedings can also be viewed on the Houses of the Oireachtas Smartphone App, available for Apple and Android devices.