Oireachtas Joint and Select Committees

Wednesday, 10 June 2015

Joint Oireachtas Committee on Public Service Oversight and Petitions

Ireland's Compliance with Article 2 of the European Convention on Human Rights: Discussion

9:30 am

Dr. Brian Farrell:

I think there is still a means test. First of all, under the 2013 Act the coroner has to certify whether a particular inquest will attract legal aid. The relevant conditions are set out in subsections (a) to (h). Subsections (a) to (g) really speak for themselves - they relate to deaths in prison or Garda custody, etc. There is no difficulty with that. Subsection (h) is quite wide and allows for free legal aid to be granted where the coroner forms a view that the death occurred in circumstances that are potentially "prejudicial to the health or safety of the public or any section of the public". We have to certify the inquest to the Legal Aid Board, which then has to adjudicate on the case on the basis of a means test.

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