A Mayo TD has called for social welfare payments to repeat criminal offenders to be docked to help pay for the cost to the taxpayer of providing free legal aid.
Aontu’s Paul Lawless says the State needs to get tougher on criminals who repeatedly break the law while the taxpayer picks up the bill for their legal fees – which cost a whopping €113 million in 2024 alone.
“Repeat offenders who are granted free legal aid should have their social welfare payments docked to foot part of the bill. An individual can find themselves in front of a judge 10, 20, 30, 100 or 200 times, and each and every time avail of free legal aid,” he said.
The Mayo TD is urging Justice Minister, Jim O’Callaghan to amend the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026 coming before the Dail this week in order to enable the State to address recovering some of the cost of free legal aid for repeat offenders.
“Free legal aid is not free. It costs the taxpayer. In 2024, it cost the taxpayer €113 million,” he said. “For repeat offenders, free legal aid should be taken from their social welfare. It is only right and proper.
“It is quite incredible to think that an individual can have blatant disregard for the laws of the land can find themselves in front of a judge ten, 20, 30, 100 or 200 times, and each and every time they can avail of free legal aid without any cost to that individual.
“That is wrong. We must be tough on crime,” he said, adding: “No more “free” passes for those with hundreds of convictions.”
Minister Jim O’Callaghan introduced the Criminal Law and Civil Law Bill on January 22nd, saying it has three primary themes: procedural reforms to support a more responsive and efficient justice system; addressing issues relating to penal policy and prisons; and reforming aspects of the law in relation to sexual offences and sexually exploitative behaviours.
COMMUNITY SERVICE
“The Bill responds to a range of challenges for the criminal justice system in particular, including severe prison overcrowding and an increase in violent incidents; the exploitative practice of seeking sexual activity in lieu of rent; and the need to restrict the disclosure of counselling records in sexual offence trials,” he said.
He said that the Bill “also provides for reforms in respect of prisons and penal policy. It supports the programme for Government commitment to extend the use of community sanctions by obliging the courts to consider a community service order in lieu of a prison sentence of up to 24 months duration – the current such threshold being 12 months – and doubling from 240 to 480 hours the number of hours of community service that may be prescribed in such an order. The court will also be required to give reasons where it considers that a community service order should not be made in such a case.”
“There are many offences with penalties of up to 24 months imprisonment where the offender poses no risk to the community and where the public interest may be better served by a person undertaking community service rather than being put in prison. This is particularly so at a time of serious capacity pressures on our prisons. Every case that results in a community service order will help to free up prison spaces for offenders who genuinely warrant imprisonment,” the Minister said.
However, Deputy Lawless was critical of the provision regarding community service, saying that he would put forward an amendment to the bill to ensure that community service is not offered to those who repeatedly break the law.
Speaking in the Dáil he said: “Community service orders have a place but the conditions must be incredibly strict and I do not see that in this Bill. If it is a person’s first offence and they have a good, clean record of working and contributing, perhaps we should consider such measures. We will be proposing amendments in relation to this. We want to make sure we do not use this option for repeat offenders.”
“The Bill outlines that it obliges the courts to consider community service orders for sentences up to 24 months. The current threshold is 12 months. It goes on to say that judges must give reasons if they decide to impose a community service order. In other words, it appears that the Government is directing judges with regard to preferring the option of community service orders,” he said.
“The types of crimes that will be considered here are drug dealing and possession with intent to supply, serious theft, burglaries and assault causing harm. I want to be very clear that drug dealing is not a minor offence. I am very fearful that this Bill would suggest that a person who is drug dealing in a community may be given time with the Tidy Towns, for example. That sends a very poor message.”