Criminal legal aid scheme

Criminal Law 30/06/1999

Criminal Justice (Legal Aid) (Tax Clearance Certificate) Regulations 1999 (SI No 135 of 1999).

The Department of Justice, Equality and Law Reform has advised that regulations have been made introducing an annual tax clearance procedure for solicitors and barristers on the criminal legal aid scheme panel. As from 1 August 1999, new entrants to the panels must furnish a tax clearance certificate to the appropriate county registrar in order to be eligible for assignment of cases.

Practitioners who are already on the panel will be required to furnish tax clearance certificates to the relevant county registrar by 30 November 1999 and annually thereafter in order to retain their name on the panel. Application for a tax clearance certificate should be made to the Collector General鈥檚 office in good time. It is important to note that the regulations provide that an application submitted to the Collector General by 15 October 1999 guarantees the existing member鈥檚 retention on the panel where:

  1. The Revenue has not made a decision on the application by 30 November 1999, or
  2. The application has been refused, an appeal has been made as provided for in the regulations, which has not been determined or withdrawn on 30 November 1999.

Those practitioners who are currently on the legal aid panel will be issued with an application form directly from the Department of Justice in early September. Panel members who do not receive a form at that time should make enquiries with the Courts Policy Section of the Department.