Fears families will be excluded from Stardust inquest over legal funding row

Terry Jones who lost her brother Murty Kavanagh and Antoinette Keegan who lost two sisters Mary and Martina in the Stardust fire with supporters protesting over a delay over legal aid funding outside Leinster House on Kildare Street, Dublin.

There are fears that some of the families of the 48 Stardust fire victims will be excluded from the inquest amid a row over funding.

Over €1.5m has already been spent on the Stardust inquest, while the legal fees for representatives of 47 of the families have yet to be paid.

The inquest held in Dublin's RDS and presided over by senior Dublin coroner, Dr Myra Cullinane, has stalled in a second row.

Solicitors for 47 of the families from Phoenix Law submitted their claim for payment from the Legal Aid Board last month. 

However, it has not yet been paid.

In a letter, seen by the Irish Examiner, officials from the Department of Justice agreed the statutory scheme of legal aid was to pay legal fees for the representative monthly, but this has not happened.

Data released under a Freedom of Information request shows that the Department of Justice has spent €1.5m of the €8m allocated in total on the inquest.

Costs

Some €609,386.94 has been spent on "misc items" the RDS fit-out and "reports", while €275,982.68 has already been spent on other legal fees.

Computer and ICT amounts to €30,450.60, while office premises and rent have cost €630,038.99.

The names of the 48 young people who died in the nightclub blaze were read into the Dáil record today by Labour TD Aodhán Ó Ríordáin.

"We do not know the cost in terms of trauma, heartbreak, marriage difficulties, suicide, and addiction, but it is huge," Mr Ó Ríordáin said.

"The families, however, feel the funding has not been made available to their satisfaction.

"There is the potential for 47 families not to be involved in the inquest if things continue as they currently stand.

Relatives of those killed and injured in the Stardust fire 40 years ago.

"What we do not want is to have a row over money, because money really is irrelevant when you consider the list of people who should still be alive today. 

"All of them were young enough to be alive today."

Minister of State at the Department of Justice, James Browne, said that the Stardust fire was "a national tragedy" which has left a "particular legacy of pain for many people in north Dublin".

"The conduct of Stardust inquests is entirely a matter for the senior Dublin coroner ... neither the minister of State nor her department have any role in this regard," Mr Browne added.

"Extensive work has already been undertaken. Government funding of up to €8m has been allocated for the new inquests. This funding will help to provide free legal aid for the families concerned."

Minister Heather Humphreys signed the Civil Legal Aid Regulations 2021 in May, to allow all families, on an exceptional basis, to gain access to legal aid for the Stardust inquests, regardless of means.

Funding structure

The Government says the Legal Aid Board is engaging with the legal representatives of the families to agree an appropriate funding structure and schedule.

Five pre-inquest hearings have been held to date, the sixth is scheduled to take place on October 13.

If the funding issue is not resolved by October, the family representatives have instructed their legal team to walk away from proceedings.

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The popular nightclub in Artane, Dublin, was destroyed in a blaze on Valentine’s Day in 1981 in what is considered the worst fire disaster in the history of the state.

Investigations into the fire showed that a number of escape routes from the dance hall were blocked as emergency doors were locked by chains.