Seanad debates

Monday, 11 July 2022

Civil Law (Miscellaneous Provisions) Bill 2022: Second Stage

 

10:00 am

Photo of Vincent P MartinVincent P Martin (Green Party) | Oireachtas source

I welcome the Minister. We are all familiar with the horrific tragedy of the Stardust. On Valentines' Day 1981, 48 young people died and another 214 were injured as a result of a fire in the Stardust nightclub. The families of these victims have waited justice since then, more than 40 years, for justice. I am glad we are finally beginning that process but it should not have taken so long. Many were disappointed, to say the least, about the original inquest findings and many regarded them as inadequate. The new inquests are being held because the families of the deceased requested the Attorney General to direct the Dublin district coroner to hold fresh enquiries. The findings of the original inquest only concerned the medical cause of death and not the cause or causes of the fire. There is finally an opportunity to establish the facts and give families the truth about what happened that night. The Department has developed a website for the inquest, assigned additional staff to the office of the Dublin coroner and facilitated the appointment of legal and expert guidance to support the coroner in this important work. These changes, as well as the legislative change in this Bill, will allow for the inquest to proceed. I understand at least 14 pre-hearing meetings have already been held by the Dublin district coroner's court.

I commend the Minister for the respectful way he opened discussion of this omnibus Bill by correctly compartmentalising the different parts of the Bill. The fact we are now having proper inquests can be traced back to the personal power vested in the former Attorney General, Séamus Woulfe SC, the then leader of the Bar. That is a big decision. It is like a quasi-judicial decision. He or she has a statutory power to make that call. In England, it rests with the Court of Appeal. Mr. Woulfe gave his reasons and cited that the Hillsborough inquest was of use and help in him reaching his determination. I believe it is the correct call. I would not like to underscore the decision of the former Attorney General and adviser to the Government to make it. It was a bold decision based on facts and justice. One of his reasons was that it was in the public interest. It is fantastic that this is happening.

At times, politics can be dismissed as not proper engagement but I appreciate the generosity of the Minister in mentioning Senator Boylan. Her contribution from the Opposition benches has been picked up and reflected in this. Senator Boylan has concerns about the jury in those matters and specific exceptional circumstances were given by the Minister at the time, Deputy Humphreys. That is a right move.

It is not for this day but maybe this House should have a separate debate on jurors. Not so long ago, a well-known juror was called middle-minded, middle class and middle-aged. Not so long ago in this country, jurors were also just male. I have seen the empanelling of jurors and people opting out for different reasons. It could be a much better system. That matter is not for today. Perhaps it is for the Minister for Justice or perhaps it is for us to come up with solutions. Many papers have been written on jurors. It is something we should look at. The heartbeat and nerve centre of the justice system is judgment by our fellow peers. We could do more to support that and make it more representative across communities, ages and all the different diversities. We would have a stronger juror system, not like the system at the moment. It has improved since the Courts Service opened the new building in Parkgate Street. In the past, they were all piled in with no air conditioning, the PA system was appalling and they did not know why they were being rejected or declined.

Like Senators Gallagher and Ward, I 100% support this Bill in respect of Ukraine. I commend the Minister for his ongoing work on this unprecedented challenge. He has a long-standing commitment in Kildare which he honoured but he kindly turned it on its head to facilitate a meeting, which he made central and most important on that day, in Barretstown, County Kildare. We met many Ukrainians fleeing the war. The Ukrainian ambassador also turned up. I have received massive positive feedback from that day and from the Minister's engagement and the fact he stayed around and talked to so many people after it. Democracy is working. These people are so unfortunate. One can imagine how one would feel if it was one's own family. They have been ripped away from their home and were made welcome here. I am proud of Ireland and of the Minister's response to date. One micro aspect of that was his generosity of time in Kildare a few weeks ago.

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