Seanad debates

Monday, 26 April 2021

Nithe i dtosach suíonna - Commencement Matters

Stardust Fire

10:30 am

Photo of Lynn BoylanLynn Boylan (Sinn Fein) | Oireachtas source

I mean no disrespect to the Minister of State, Deputy Feighan, but I am deeply disappointed that no Minister from the Department of Justice is here today, given the seriousness of the matter that I am raising.

Last week, Professor Phil Scraton released a damning report of the inquest system. He referred to how the original inquest into the 48 deaths in the Stardust fire was an abject failure. One does not need to tell the families of the victims that their treatment at the hands of the State has been one of systemic abuse from the manner in which the original inquest was rushed to the way there was a finding of probable arson, the compensation scheme where survivors were told to pull their clothes up and show their injuries, and the threats that they came under of losing their homes if they tried to pursue the owners of the nightclub in the courts.Despite all of this, the families never gave up in their quest for justice. In November 2018, 48,000 signed postcards were handed in to the Office of the Attorney General - 1,000 cards for each young person who lost his or her life that night. This was a bid to show that the public is 100% behind the families on this issue. Ten months later, the Attorney General granted a fresh inquest. It seemed that, finally, justice would be forthcoming.

Two Ministers of Justice have since gone on the record saying that funding would be provided to ensure the inquests would be carried out appropriately and in a way that is compliant with human rights. The Taoiseach stood in the Dáil on budget day and announced €8 million in funding for the inquest. It gives me no pleasure, therefore, to stand here today and tell the Minister of state that the families are in despair. I encourage him to go outside and talk to them. They are outside Leinster House today. They have waited 40 years for justice and now they are being asked for PPS numbers, bank statements and payslips. They are being asked what kind of cars they drive. I know this is not the responsibility of the Minister of State's Department, but does he honestly think this is an appropriate way to treat these families after they have waited 40 years?

The Department was repeatedly warned that the legal aid route was the wrong route to go down in respect of an inquest of this significance. A special purpose vehicle was required to ensure that no family would be denied access to justice and that the inquest would be human rights compliant. All the Government had to do was look to the inquests undertaken in respect of Hillsborough and Ballymurphy and follow the mechanisms used in these cases in respect of the Stardust inquest. Instead, in its wisdom, the Department insisted on ploughing ahead down the legal aid route and now we are in this situation with families being means tested, which is causing them great hurt and which runs the risk of causing division among the families.

The Civil Legal Aid Act 1995 allows for a financial waiver but there has never been a statutory instrument to give effect to this provision. Will the Minister of State give a commitment as to when the families can expect this issue to be resolved? Emergency statutory instruments were possible when it came to mandatory hotel quarantine but it seems that the families of the Stardust victims are always at the back of the queue in their dealings with the State. All we hear is that the Attorney General is looking at the issue. That is not good enough. We need a timeframe. Can the Minister of State provide that today? Can I go out to those families and tell them when they can expect a statutory instrument or when they can expect this issue to be resolved? Will it be days, weeks or months? How much longer will they have to wait?

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