Law « Thurles Information

Cabinet Approval Granted To Draft Legislation On Jury For Stardust Inquests.

The Minister for Justice, Mrs Helen McEntee has today received Government approval to draft legislative amendments to put in place bespoke supports for jury selection and summoning in the Stardust inquests.

Readers will remember, in 1981, the tragic fire at the Stardust nightclub in Artane, north Co. Dublin, which resulted sadly in the death of 48 people and left some 214 persons injured.

The ages of those who were killed in the fire ranged from 16 to 26, and in 23 cases the deceased were the eldest and sole breadwinner for their families. Most of the dead came from Artane, Kilmore and greater Coolock, and half of the deceased were aged 18 years or younger, with four of the victims aged 16 years and eight aged 17 years.

It is intended that the legislation will be passed before the summer recess and enacted quickly, enabling the Coroner to commence the inquests in line with her proposed timeframe.

This will allow the Dublin Coroner to seek the assistance of the Courts Service in selecting a jury for the Stardust inquests and will allow the jury selection process to operate in a similar way to that civil and criminal court proceedings.

The legislation will also ensure that employers will continue to pay the wages of people summoned to serve on the Stardust inquests jury, similar to provisions for criminal and civil trial juries.

These supports are being provided for by the Minister to address the concerns raised by victims’ families, in recognition that the inquests may span a number of months, while also conscious of the principles underpinning jury service as a civic duty that must be carried out with impartiality and fairness.

These special jury provisions will apply only to the Stardust inquests given the extraordinary circumstances.

The Minister intends that all matters pertaining to coronial law will be considered in the review currently underway in her Department as set out in the Justice Plan 2022.

Following the Cabinet meeting, Minister McEntee said:

“The Government’s decision today allows for the urgent drafting of special provisions relating to the selection and summoning of jurors for the new Stardust Inquests.
In this regard, the Dublin Coroner will be entitled to request the assistance of the Courts Service in selecting and summoning a jury by ballot drawn from the Electoral Register.
I had promised to address the concerns raised, particularly by representatives of the Stardust victims’ families, with regard to the empanelling of a representative jury.
As the Stardust Inquests are anticipated to take some considerable time compared to other inquests, I am also making provision that employers would be required to pay the wages of employees summoned to serve on the Stardust Inquests jury”.

Drug & Cash Seizure In Clonmel Tipperary Following Arrest.

A male in his 20’s was arrested and taken to Clonmel Garda Station following a Drug Seizure in the Cashel Road area of Clonmel on Tuesday last.

Members of the Clonmel District Drugs Unit, assisted by other local units, carried out a search of a residential address on foot of a search warrant.

Cocaine valued at approximately €6,700 was seized, together with a quantity of cash.

The search was conducted as part of Operation Tara, the goal of which is to protect communities from the scourge of illegal drugs in line with An Garda Siochana’s mission of Keeping People Safe.

This news comes following reports from the Health Research Board that treatment for cocaine use, among young people here in Ireland, has increased by 171% between the years 2011 and 2019.

Man Arrested In Tipperary Town Following Drug Seizure.

A man, understood to be aged in his 50’s, was arrested in Tipperary Town yesterday, (Bank Holiday Monday, June 6th), following the seizure of some 5,000 tablets, latter with an estimated street value of €10,300.

Cannabis, with an estimated street value of €700, was also seized.

The man was detained by members of Tipperary Town Drugs Unit and the Divisional Crime Task Force, before being charged with the possession of the drugs intended for sale and supply.

The arrested man appeared in Thurles district court today, June 7th, before being released on bail, pending analysis, to appear in court again at a future date to be decided.

Clonmel Gardaí Seize Drugs Following Searches In Tipperary.

Two arrests, following Crack Cocaine, Cannabis and Heroin seizures In Tipperary.

On Thursday last (02/06/2022) members of the Clonmel District Drugs Unit, ably assisted by the Regional Dog Unit, Henry Street, Limerick, carried out a number of searches in the Clonmel/Thurles area.

The searches were carried out as part of Operation Tara, the goal of which is to protect communities from the scourge of illegal drugs.

During the course of a search in the Thurles, area, Cocaine and Cannabis with an estimated street value of €4,000 (pending analysis) as seized in Mullinahone.

A male in his early 20’s was arrested and detained at Clonmel Garda station, in respect of this seizure. He was later released from custody pending submission of a file to the Director of Public Prosecutions (DPP).

A number of searches were also carried out in the Heywood Road area of Clonmel.
Heroin and Crack Cocaine with an estimated street value of €2,800 were seized here, together with other paraphernalia associated with the sale and supply of drugs.

A male in his early 20’s was also arrested and detained at Clonmel Garda station, before being released pending submission of a file to the Office of the DPP.

Other searches were also carried out in the District resulting in the seizure of a small quantity of Cannabis.

Review Of Civil Legal Aid Scheme To Be Undertaken.

First review in the 43 year history of the Scheme.
Review Group to be chaired by retired Chief Justice.
Significant consultation to be undertaken as part of the review.

The Minister for Justice, Mrs Helen McEntee, T.D., has updated Government this week on her plans to shortly commence a review of the Civil Legal Aid Scheme, as committed to in her Justice Plan, 2022.

Announcing the review, Minister McEntee said: “Since the Civil Legal Aid Scheme was first established 43 years ago, (1979), Irish society has changed and the demands on the Scheme have grown.

To provide maximum benefit to the people it was first established to serve, within the finite resources available to fund legal aid, I believe that a robust, comprehensive review of the Scheme as committed to in Justice Plan 2022 is an important step.

The review will allow for an assessment of how well access to justice is facilitated by our Civil Legal Aid Scheme, particularly for those on low incomes. The Review Group will make recommendations for its future, including in relation to eligibility”.

The Review Group will be Chaired by retired Chief Justice, Frank Clarke, with membership drawn from those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which administers the current Scheme.

Named Membership of the Review Group will include:
Mr. Thomas O’Mahony – Legal Aid Board nominee.
Ms. Sara Phelan SC – Bar of Ireland nominee.
Ms. Áine Hynes – Law Society nominee.
Mr. Bernard Joyce – Director of the Irish Traveller Movement.
Mr. Liam Coen – Department of Justice nominee.
Professor Niamh Hourigan – Sociologist and VP of Academic Affairs – Mary Immaculate College, Limerick.
Mr. Tom O’Malley – Senior Lecturer in Law, NUI Galway.
Professor Frances Ruane – Economist and former Director of the ESRI.
Ms. Eilis Barry – Free Legal Advice Centre (FLAC).
Department of Public Expenditure and Reform nominee – name TBC.

The Minister also highlighted how people will be able to have their say on this important issue; stating: “As part of the review process, I intend that there will be significant consultation to ensure that the insights of a range of stakeholders regarding the operation of the scheme – and how best to support those of limited means with legal needs – will inform the work of the Review Group.

Capturing the views of those who have unmet legal needs will be an important part of the Group’s consultation and engagement. One of the areas which will be considered in the review is eligibility for civil legal aid.

Ultimately the review should map out a future for the Civil Legal Aid Scheme; one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of modest means.”

I will be launching a public consultation in the coming weeks and I encourage as many people as possible to participate and to have their say on this important matter”.

The Review Group is expected to commence its work in June 2022, for a period of 12 months. It will make periodic reports to Minister McEntee on the progress of its work, before submitting its final report once its work is fully completed.

The Review of the Civil Legal Aid Scheme is part of a broader civil justice reform programme the Minister is spearheading across her Justice Plan 2022, including the establishment of a dedicated family court structure; the finalisation of the first national strategy on family justice; an independently chaired Judicial Planning Working Group, which is examining the number and type of judges needed over the next five years to ensure access to justice; and the Implementation Plan on Civil Justice Efficiencies and Reform Measures, which the Minister published last week.