Dáil debates

Tuesday, 11 May 2021

Ceisteanna - Questions

Departmental Functions

4:05 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

In the first instance, Deputy McDonald raised the issue - it has been commented on by others - of the Stardust inquest and related legal fees. The Stardust fire was a most traumatic national tragedy that has left a terrible and particular legacy of pain for many people in north Dublin. I greatly sympathise with all the families of the 48 young people who were tragically killed in that fire 40 years ago for the awful loss they suffered. I also recognise the terrible impact it had on everyone who attended the Stardust that night.

The Minister for Justice is absolutely committed to ensuring that all the families of the victims of the Stardust fire tragedy receive the supports they need in terms of legal aid at the new inquests. Extensive work has already been undertaken towards this end. Government funding of up to €8 million has been allocated for the new inquests to cover a number of areas, including legal aid for the families. The last remaining issue regarding legal aid for the families was the Courts and Civil Law (Miscellaneous Provisions) Act 2013, which made a set of amendments to the Coroners Act 1962 and the Civil Legal Aid Act 1995 that enabled legal aid at inquests in certain conditions. Officials working for the Minister for Justice reviewed alternative arrangements for funding legal professionals, which were not considered to be the best option in terms of meeting the needs of the families compared to the facility provided by the Legal Aid Board. Section 60 of the Coroners Act 1962, as amended, provides a procedure whereby a family member of the deceased may apply to the coroner for a request to be submitted to the board with regard to the granting of legal aid. Applications for legal aid have been certified by the coroner and these applications are with the Legal Aid Board.

Ordinarily, applicants through the legal aid system would pay an initial fee and support would be provided on the basis of a means test. This is how the legal aid scheme works for all the individuals who seek its help and it is a widely respected system. All of the Stardust families who meet the criteria of the Legal Aid Board, including the means test, will receive support. The usual fee for legal aid applications has been waived and the legal professionals will receive refunds of their costs one month in arrears instead of after the inquests. This goes beyond the provisions of the legislation in order to try to allay any concerns people may have.

The Legal Aid Board notified the Department of Justice that a very small number of the Stardust victims’ families would not qualify for legal aid because they exceed the income limits currently enforced by the Legal Aid Board, as required under the Civil Legal Aid Act 1995. The Minister for Justice has assured me that she is actively investigating the position and engaging with the Attorney General's office to explore possible mechanisms to provide for legal aid to those families who do not meet the financial eligibility requirements under the Civil Legal Aid Act 1995. This will require new arrangements to be put in place, such as new regulations. This matter has been actively worked on since the issue was identified to ensure that an appropriate solution is found. The Minister for Justice intends that the families and their legal professionals will have a response shortly and that the Stardust inquest should commence a few weeks after that. I will engage with the Minister again after today's session to make sure that can be expedited.

Significant progress has been made in respect of policing reform and A Policing Service for the Future. The Government's plan to implement the report of the Commission on the Future of Policing in Ireland is a living document, which is reviewed and updated as required to maintain ambitious but realistic commitments, timeframes and milestones. The policing reform implementation office, which is based in the Department of the Taoiseach, monitors progress and supports the work of the implementation group as well as keeping the high level steering board of policing reform and Government apprised of progress being made.

The first two phases of A Policing Service for the Future, that is, the building-block phase of six months' duration and the launching phase of four to six months, have been completed and much has already been achieved, for example, the roll-out of a new operating model for An Garda Síochána designed to streamline administration and provide a more visible response from localised policing service to communities nationwide.

An Garda Síochána has established and strengthened resourcing of a human rights unit and re-established the strategic human rights advisory committee. The National Security Analysis Centre, NSAC, has been established and the Industrial Relations (Amendment) Act 2019 has been enacted, which gives gardaí access to the Workplace Relations Commission, WRC, for the first time and provides for a modern industrial relations framework within An Garda Síochána.

There has also been progress on legislative reform. As Deputies will be aware, the Government recently published a general scheme of the landmark policing, security and community safety Bill. I am not aware of the issues raised by Deputy Barry in terms of Waterford but I will have that checked out.

I will raise Deputy Paul Murphy's issue of hot meals for the specific school in Killinarden with the Minister for Social Protection.

Deputy Boyd Barrett raised, as he did last week, the issue of postgraduate psychological programmes and the costs associated. The Minister for Further and Higher Education, Research, Innovation and Science is looking at a variety of supports which can be made available to postgraduate students more generally, not just in one specific area.

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