THE EXPLOITATION of the social welfare system by some criminals remains undetected, Fine Gael justice spokesman Charles Flanagan told the Dáil.

“Time and again, we read in local and national newspapers about gangsters being brought before the courts, being granted legal aid and speeding away in blacked-out SUVs from the complex of the court,” he said.

“This sight truly sickens law-abiding members of communities.” Mr Flanagan said the current situation was vastly different from that which operated in 1962 when the Criminal Justice (Legal Aid) Act was introduced to assist “poor persons” accused of crime.

“It seems reasonable to assume that those in receipt of social welfare should be automatically entitled to criminal legal aid, but we are all aware there are massive abuses in the welfare system,” Mr Flanagan added.

“Indeed, when the exchequer started to run dry, and the Government belatedly introduced fraud and control measures in social welfare, a massive €228 million was saved in the first six months of this year.” Mr Flanagan said that gave one an indication of the Government’s “hands-off approach” to the spending of money.

“A rigorous means test for civil legal aid is already in place and it is surprising, in many ways, that there is not a uniform system across the board for criminal cases and civil cases,” he said.

“A completely different set of criteria seem to be employed for both arms of the law.”

Mr Flanagan said he was aware the Criminal Assets Bureau (Cab) had recovered €2.5 million in social welfare payments during its first 10 years of operation.

“However, [the] Cab is a relatively small operation and, obviously, it must concentrate its attention where it identifies the greatest need to be,” he added.

“I am concerned that it appears criminals are exploiting the system and getting away with it.”

Mr Flanagan said the €228 million clawed back in the first six months of this year suggested exploitation of the social welfare system still existed on a massive scale.

“It is obvious that major criminals are slipping through the net,” he added.

Mr Flanagan was speaking during the debate on the Courts and Court Officers Bill 2009, which was introduced by Minister for Justice Dermot Ahern.

Mr Ahern said that 41 courthouses had been refurbished and 10 newly-built courthouses had now been completed. The development and construction of the Criminal Courts of Justice complex in Dublin marked a new era for the courts in the capital, he added.

It was the largest court building project since Gandon’s Four Courts was completed in the late 18th century, and represented one of the most significant developments in the history of the Irish courts.

Mr Ahern said that building had commenced in May 2007 and was being completed three months ahead of schedule. It was on target to be delivered by the end of November.

Mr Ahern said that the complex would provide vastly improved conditions for the public, jurors, victims and their families.

People who came into contact with the criminal justice system, whether as jurors, victims or witnesses in a case, were nervous and intimidated, even without enduring poor facilities and extremely close contact with the accused, he added.