Vol. 399 No. 4
38 Mr. J. Bruton asked the Minister for Justice the way in which witnesses' expenses are computed; if he has satisfied himself that the rate of expenses paid is equitable having regard to the performance of witnesses civic duties, as between professional and lay witnesses.
I assume that the Deputy's concern is with witnesses' expenses in criminal cases. Lay witnesses who appear on behalf of the State, or on behalf of defendants who have been granted legal aid, are reimbursed loss of salary. Self-employed persons receive an amount which approximates to the average industrial wage. Non-income earning persons, excluding children under 16, receive fixed sums which are adjusted from time to time in line with the cost of living. In addition to these amounts, a witness may be paid the cost of employing a deputy during attendance at court. Witnesses are also entitled to subsistence and travelling expenses which are also adjusted from time to time in line with the cost of living. It is open to a judge or justice to direct payment of expenses above or below the prescribed amounts but, in fact, the vast majority of lay witnesses receive the fixed amounts.
Experts witnesses called by the State are paid fees, the level of which is increased from time to time in line with general wage increases. Again, discretion to award greater or smaller amounts rests with the court.
I am satisfied that the payments to witnesses are equitable.
