Seanad debates

Monday, 26 April 2021

Nithe i dtosach suíonna - Commencement Matters

Stardust Fire

10:30 am

Photo of Frank FeighanFrank Feighan (Sligo-Leitrim, Fine Gael) | Oireachtas source

I convey the apologies of my colleague, the Minister for Justice, Deputy McEntee, who regrets that she cannot be here to deal with this matter due to another commitment. I also apologise on behalf of my colleague, the Minister of State, Deputy James Browne. On behalf of the Minister and the Government, I thank the Senator for raising this matter.

The Government is committed to ensuring that the Stardust inquest proceeds as soon as it is safe to do so, having regard to the public health guidelines. Extensive work has already been undertaken to this end. Government funding of up to €8 million has been allocated for the new inquest, which will cover a number of areas including legal aid for families. A bespoke courtroom has been built at the Royal Dublin Society, RDS, for the purposes of the inquest and information technology facilities have been developed to ensure that family members will also be able to follow the events remotely when not in the courtroom. A number of pre-inquest hearings have been held remotely and the courtroom is ready for the Stardust inquest, as soon as it is safe to begin.

The last remaining issue relates to legal aid to the families. The Courts and Civil Law (Miscellaneous Provisions) Act 2013, 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 circumstances. Section 60 of the Coroners Act 1962, as amended, provides for a procedure whereby a family member of a deceased person may apply to the coroner for a request to be submitted to the board in respect of the granting of legal aid. Applications for legal aid have been certified by Dr. Cullinane.These applications are with the Legal Aid Board.

Officials of the Department reviewed alternative arrangements for funding legal professionals which were not considered to be the best options in terms of meeting the needs of the families compared with the facility provided by the Legal Aid Board. Ordinary applicants through the legal aid system pay an initial fee and support is provided on the basis of the means test. This is how the legal aid scheme works for all individuals who seek its help. It is a widely respected system. The Legal Aid Board notified my Department that some of the families of Stardust victims would not qualify for legal aid as they exceed income limits currently in force for the Legal Aid Board as required by the Civil Legal Aid Act 1995. The Department of Justice is actively investigating the position and engaging with the Office of the Attorney General to explore possible mechanisms to provide for legal aid for the very small number of families who do not meet the financial eligibility requirements under the Act.

As the intention is to provide the maximum support possible to the families, it is necessary to consider how to make this possible, which will require a new arrangement to be put in place, such as new regulations. This is being and has been actively worked on by officials in various Departments since the issue was identified to ensure an appropriate solution is found. The Department has gone further than the legislation by committing to making payments to legal professionals secured by the families one month in arrears, rather than after the tribunal, to minimise any concerns the professionals may have. The families and their legal professionals will have a response on this issue shortly and the Stardust inquest should commence a few weeks thereafter.

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