S.I. No. 79/1998:

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1998.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1998.

I, JOHN O'DONOGHUE, Minister for Justice, Equality and Law Reform in exercise of the powers conferred on me by section 10 (1) (b) of the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 )) and in so far as the following Regulations relate to expenses payable out of moneys provided by the Oireachtas, with the consent of the Minister for Finance, hereby make the following regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations, 1998.

(2) The Criminal Justice (Legal Aid) Regulations, 1965 to 1997, and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations, 1965 to 1998.

2. Regulation 6 of the Criminal Justice (Legal Aid) Amendment Regulations, 1989, ( S.I. No. 129 of 1989 ), is hereby amended by the insertion;

(a) in the first sentence, after "to the Attorney General" of, "or such other person as the said Minister may nominate," and

(b) in the second sentence, after "The Attorney General" of "or, where another person has been nominated under this Regulation, that person".

GIVEN under my Official Seal, this 26th day of March, 1998.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

The Minister for Finance consents to the making of the foregoing Regulations in so far as they relate to the scale or payment of fees.

GIVEN under my Official Seal, this 26th day of March, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

The purpose of this Statutory Instrument is to allow the Minister for Justice, Equality and Law Reform to refer the question of assessment of the appropriate fees payable to a solicitor or counsel under the Criminal Legal Aid Scheme to the Attorney General, or other person nominated by him, for determination, in cases where a dispute has arisen as to the fee that is payable.