Stardust inquest delayed as some relatives can't get legal aid

A video hearing held on Wednesday heard from the solicitor for 42 of the families, Darragh Mackin, who said his firm has been involved in a game of 'snakes and ladders' with the Department of Justice over access to legal aid for families. Picture: Stephen Collins/Collins Photos

The Stardust inquest into the death of 48 people at a nightclub has been further delayed as some of the families of the deceased did not qualify for legal aid.

A video hearing held on Wednesday heard from the solicitor for 42 of the families, Darragh Mackin, who said his firm has been involved in a game of "snakes and ladders" with the Department of Justice over access to legal aid for families, which delayed the inquest by six months.

Mr Mackin said further delay was now inevitable as it has further transpired that some families do not qualify for legal aid.

"We have a situation whereby some qualify for legal aid funding and some do not, by virtue of the fact that they earn an excess of the threshold, which I should say is a very, very low threshold," Mr Mackin said.

'Situation of further inequality'

"Capital that they may have in savings puts them above the limit, and therefore we have actually ended up in a situation of further inequality, whereby certain family members would not be entitled to funding on representation, whereas other families would be."

Mr Mackin said there was a section within the legal aid legislation that consideration could be given to the wavering of the financial eligibility criteria in extraordinary circumstances at the Legal Aid Board's discretion.

The act notes the Justice Minister would make regulations to govern how that discretion is to be exercised.

'Legislation vacuum'

"The stark reality is that there have never been regulations enacted, so there is, in fact, a legislation vacuum," Mr Mackin added.

"The legal aid board retains discretion, but they have absolutely no guidance as to how that discretion should be exercised.

"It is our intention to bring this matter to the immediate attention of the Minister of Justice to ask that all steps are taken to ensure those regulations are brought forward without any further delay."

He said inquests should never be put in a situation where certain families are prejudiced by their financial eligibility. 

A spokesman for the Department of Justice said: "The Minister hopes to be in a position to bring Regulations into effect as soon as possible and would reiterate her commitment to resolving these matters for the benefit of the Stardust families."