An Independent Limerick councillor says expecting the taxpayer to foot bills for free legal aid 'ad-infinitum' is wrong.
PJ Carey has suggested criminals with multiple previous convictions should not be able to avail of it.
He told Newstalk Breakfast the issue was raised in a recent joint policing meeting in his constituency.
"I said I understand that the Criminal Justice Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of people of insufficient means in criminal proceedings.
"And I made the point that habitual criminals are abusing this system, and it would be a major deterrent if they were to pay for their solicitor - subsequently in installments, or whatever it might be.
"Drug dealers - who sell drugs to our children or grandchildren - or a thief who breaks into a house... they've a constitutional right to legal representation, and that's probably a good thing because they could appeal on the grounds of not getting a fair trial.
"But for the taxpayer - the working man, the working woman - to foot these legal bills through the Department of Justice, and give these guys the luxury of free legal aid ad-infinitum, forever more I think is wrong.
"What I'm saying here is that they should pay for their legal fees - the victims of crime have pay for their own legal fees."
'Equality before the law'
Liam Herrick from the Irish Council for Civil Liberties (ICCL) says the choice of whether or not to grant free legal aid is entirely up to the courts.
"It is a matter for the courts, fully independently, to assess if somebody is of inadequate means.
"So some people do pay legal fees in the criminal system, but many people do not.
"And the key principle here is equality before the law.
"Anytime any person comes before the courts, the charge against them is tried on its own merits.
"The question of previous convictions comes into play when somebody is sentenced... the judge will always take into account previous convictions, so it might lead to a much more severe penalty.
"But there is no obvious way in which the question of 'your prior history' should affect your right to a fair trial in this particular instance".
But Mr Herrick says there are several issues in the justice system that should be addressed.
"There's a lot of problems in the criminal justice system which could be addressed that would help everybody.
"For example, the biggest problem in the criminal justice system is delays - and that's one of the reasons why people end up coming before the courts with so many charges... and that's been exacerbated by the pandemic.
"And that requires the investment for more judges and more courts".
And he says the ICCL has called for a Victim's Ombudsman, to take up representation on behalf of victims.
"Victims of crime should be paid for legal representation in serious cases.
"For example in relation to sexual offences, or the family of a victim of murder or manslaughter.
"So I think that there's a lot of useful things that could be done to support the victims of crime, which won't take away the fair trial rights of accused persons".
