Free Legal Aid system must stop ‘sponsoring crime’ – John O’Mahony

Free Legal Aid system must stop ‘sponsoring crime’ – Fine Gael TD John O’Mahony


Áine Ryan
aineryan@mayonews.ie

FREE Legal Aid should be restricted to stop serial offenders taking advantage of a system, which due to loopholes is effectively ‘sponsoring crime’. That is according to Fine Gael’s Deputy John O’Mahony who has now called on Minister for Justice, Alan Shatter, to introduce a cap on the facility.
In a series of DΡil questions, John O’Mahony has argued that – while every citizen is entitled to legal representation – the Courts Service ‘must consider introducing a cap on legal aid’. However, while agreeing that the cost of legal aid to the State must be addressed, his constituency colleague, Deputy Michelle Mulherin, a solicitor, warns that capping legal aid would be ‘unconstitutional’.
In a statement, John O’Mahony said there are statistics available showing that over 600 people have availed of the free Garda Station Legal Advice scheme on more than two occasions since October  2011. On the other hand the Criminal Case Tracking System, which keeps a record of Legal Aid granted by the District Court, does not facilitate such detailed information.
“At the moment there is no system in place where, for example, a deduction can be made from Social Welfare payments in order to pay for Free Legal Aid. I believe that should be considered as indeed should a system whereby people should have to pay for their Free Legal Aid on a weekly basis. This is not just about saving money for the State and while that’s an issue there is also the wider issue of people who commit crime safe in the knowledge that if they are caught, they will receive the best of legal aid without having to pay for it,” John O’Mahony said.
He continued: “With some of those people it happens on a frequent basis and they are just laughing at the system. I appreciate and understand the concerns of those who would be opposed to my suggestions that free legal aid should be restricted but as a society I don’t think we can continue to sponsor crime, which is essentially what we are doing by giving out free legal aid to repeat offenders.”
On the other hand, Michelle Mulherin told The Mayo News yesterday that the right to legal aid in criminal cases was established in 1976 in the State (Healy) versus O’Donoghue case. Ms Mulherin confirmed that she had already requested that Minister Shatter introduce a small fee, which could be deducted from Social Welfare payments.
“The Minister undertook, in consultation with the Legal Aid Board and the Attorney General, to examine the proposal from a constitutional, financial and administrative perspective via the Task Force on Cost Reductions on Criminal Legal Aid which he has established,” Michelle Mulherin said.

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