Seanad debates

Monday, 24 May 2021

An tOrd Gnó - Order of Business

 

10:30 am

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

I thank the Minister for Justice for finally signing the regulation to facilitate the progression of the Stardust inquest. I have spoken many times in this House on how the financial eligibility test was causing huge distress to families and how they were being asked personal information down to the type of car they drove. The signing of the regulation has lifted that distress and the families can now focus on getting justice for their loved ones. However, it was deeply disappointing to see that the regulation is so narrowly defined that it precludes any other families who might find themselves in similar circumstances. It is clear that when the Civil Legal Aid Act was drafted in 1995, the Minister at the time accepted that there may be incidences where a case is in the broader public interest and there should be scope for waiving the financial criteria. For more than 25 years this intention in the Act has never been given effect and on news of the regulation being signed last week, I was contacted by a number of families who have been denied civil legal aid at inquests. They wanted to know if the regulation would apply to them. Imagine their disappointment when I had to inform them that it would not, that the income threshold for accessing civil legal aid remains so low, combined with the fact that the housing assistance payment is counted as income, it effectively excludes most people from qualifying for civil legal aid.I believe the State is in contravention of Article 6 of the European Convention on Human Rights, as the failure to enact a financial waiver for civil legal aid is, effectively, denying people the right of access to the courts. It is unfortunate, therefore, that the Minister for Justice had an opportunity to fix this last week but instead opted to keep access to civil legal aid as restrictive as possible.

Despite commitments given by the Minister with responsibility for equality, Deputy O'Gorman, that period products would be provided for free at direct provision centres, an article in today's edition of theIrish Examinerhighlights that a recent survey conducted by Homeless Period Ireland found that more than 50% of respondents still have to pay for products. Also of concern in the survey is that even when the products are provided for free, women and girls in many cases have to ask an employee for them. Surely it is not too much to ask that products just be available as needed. I hope we can get a statement from the Minister on how he intends to ensure that direct provision centres follow up on the instructions he gave to direct provision centres, which we all welcomed. He might also outline how he intends to safeguard against direct provision centres that invoice the Department for products but are potentially still charging residents through the points system.

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