Dáil debates

Tuesday, 11 May 2021

Ceisteanna - Questions

Departmental Functions

3:55 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

Earlier this year, the Taoiseach committed to doing all he could to bring closure to the families of those who died in the Stardust fire. That commitment has not been fulfilled and I urge him to act swiftly to rectify that. In order to access legal advice, the families must apply for legal aid for the inquest into the deaths of their loved ones. The process is intrusive for all families due to the volume and breadth of documentation and personal information they are required to submit. A number of families have been refused access to legal aid as they own their own homes. It is unimaginable, having had to battle the State for four decades to secure this inquest, for the State to now block their access to legal advice.

The Minister for Justice could resolve this matter quickly. Section 29(2) of the Civil Legal Aid Act 1995 provides for a discretion to waive the requirement of the financial eligibility test. Section 37 of the same Act states that the Minister may make such regulations. The Legal Aid Board has confirmed that, in the absence of the Minister's regulations, it cannot and will not waive the financial eligibility test. When my colleague, Deputy Doherty, raised this matter with him in committee two weeks ago, the Taoiseach committed to pursuing the matter on behalf of the families. Can he confirm what action he has taken? Has the Minister for Justice drawn up the necessary statutory instrument to provide for this regulation, as advised by the Legal Aid Board? This is a matter of great importance and urgency.

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