Long-awaited inquests into the deaths of 48 young people in the 1981 Stardust disaster can now proceed following the resolution of a funding row between the Department of Justice and the victims’ families.
Minister for Justice Heather Humphreys on Wednesday signed regulations into law which will enable all the bereaved families to access legal aid, regardless of their income. This will allow their legal team to start instructing counsel.
The dispute over funding for their legal costs emerged earlier this year when the Legal Aid Board said some of the families' incomes exceeded the threshold set to qualify for legal aid. This was despite the fact €8 million for the inquests had been set aside in the budget.
Darragh Mackin, solicitor for families of 46 of the victims, last month threatened to seek a judicial review of the "unlawful" failure of the department to provide legal aid to all the families, citing their rights under Article 2 of European Convention of Human Rights, which has been engaged in these inquests.
While other legal teams, including for Dublin Fire Brigade and the Stardust's owners, had been allocated funding, most of the families had yet to be granted legal aid.
Though section 29(2) of the Civil Legal Aid Act 1995 allowed the board discretion to waive the financial eligibility test, this required a statutory instrument - the Civil Legal Aid Regulations 2021 - which has now been introduced.
‘Too late’
Antoinette Keegan, whose sisters Mary (16) and Martina (19) died in the fire in the early hours of February 14th, 1981 at the Stardust ballroom in Artane, gave a cautious welcome to the apparent resolution of the impasse. However, she said it had come "too late for too many people" including her mother Christine Keegan and fellow campaigner Eugene Kelly, both of whom died last year. Mr Kelly's brother Robert (17) died in the Stardust.
The delay had had caused “huge and unnecessary anxiety” over the past four months, Ms Keegan said, adding that she awaited the full detail of what the families were entitled to.
“I just hope now the inquests can get underway smoothly, without any further hindrances from the Department of Justice, without any more blockages on our fight for the truth.”
A spokesman said the department encouraged all families to engage with the Legal Aid Board “if they wish to receive legal support as soon as possible”.
“The Legal Aid Board will review all the applications that have been certified by the coroner immediately. Minister Humphreys hopes that the inquests will meet the expectations of the families involved and that they can commence shortly,” he added.
The inquests will take place in the RDS in Dublin and are expected to last a number of months.
