Civil Law (Miscellaneous Provisions) Bill 2022: Second Stage

Question proposed: "That the Bill be now read a Second Time."

Minister for Children, Equality, Disability, Integration and Youth (Deputy Roderic O'Gorman)

Senators will be aware that this is an omnibus Bill. It is part of the cross-Government domestic response to the crisis in Ukraine with legislation covering my Department and measures related to the work of the Department of Justice and the Department of Transport. The Bill also addresses matters relating to the Stardust inquiry. I thank Senators for facilitating this time-sensitive legislation. I will outline the main provisions of the Bill.

Part 1 deals with standard provisions. Part 8 deals with the Stardust inquests special jury provisions. It would be appropriate to address the provisions related to the Stardust inquest initially. First, I want to convey my sympathy to the families of all the victims of the Stardust tragedy. I acknowledge the enormous pain and loss of all those affected. My colleague, the Minister for Justice, is proposing these provisions to facilitate the progression of the Stardust inquest. The holding of fresh inquests into the Stardust fire tragedy represents an exceptional situation, having regard to the history of previous investigations and the large number of fatalities. The fresh inquests were directed by the then Attorney General in 2019 on the basis that the original inquests were an insufficient inquiry.

Concerns were raised by the legal representatives of the victims' families and others that the current method of empanelling a jury for the inquests under section 43 of the Coroners Act 1962 is not sufficient to guarantee a representative jury. This matter was also the subject of a Private Members’ Bill in this House on 23 February of this year, put down by Senators Boylan, Gavan and Warfield. Part 8 of the Bill responds to those concerns with new provisions for a bespoke approach to the empanelling and summoning of the jury for the new Stardust inquest. It provides for the following: the disapplication of certain provisions of the Coroners Act 1962 and the Juries Act 1976; for the Dublin coroner to seek the assistance of the Courts Service and county registrar in empanelling and summoning a jury; and for the process of determining eligibility and selection or disqualification or excusal of potential jurors. It also requires that employers should continue to pay the wages of persons summoned to serve on the Stardust inquests jury and provides that if the jury at a Stardust inquest fails to agree on a verdict, a majority verdict shall be accepted by the Dublin coroner. In the event of a jury failing to reach a verdict, this section provides for the holding of a new inquest at the discretion of the coroner. This replaces a provision which would have required the automatic holding of a new inquest in such circumstances. Jurors will not be directly remunerated by the State for service at a Stardust inquest or any other inquest. I emphasise that this will apply only to the new Stardust inquests given the extraordinary circumstances involved. I also emphasise that the proposals respect the fact that the Stardust inquests, as with all inquests, must be conducted under the independent direction and control of the coroner.

Moving on to the domestic response to the crisis in Ukraine, Parts 2 and 3 of the Bill relate to my Department. Offers of accommodation from the general public are greatly appreciated and they greatly assist with the challenge of sourcing suitable accommodation for some 40,000 individuals fleeing the conflict in Ukraine. Part 2 of the Bill provides for a financial contribution of €400 per property per month for persons who provide accommodation for beneficiaries of temporary protection from Ukraine. The payment will be retrospective for eligible applicants to 4 March this year and will end on 31 March 2023. It is available for shared or vacant accommodation, regardless of whether the accommodation has been made available privately or through the Irish Red Cross pledge process. The payment is exempt for means-testing purposes and is not taxable. It is not linked to the actual costs incurred by the person providing accommodation but is a recognition of the contribution of those who host beneficiaries of temporary protection. The scheme will not create a landlord and tenant relationship. It will be administered by the Department of Social Protection and will involve an online application. To qualify, an applicant must be aged 18 or over; be providing accommodation to someone who has arrived in Ireland under the temporary protection directive; commit to offering this accommodation for a minimum period of six months; and declare that the accommodation meets the minimum set of standards prescribed by regulations which I will make in consultation with the Minister for Housing, Local Government and Heritage. Information on the scheme will be available on MyWelfare.ie and Gov.ie.

Part 3 provides for an amendment of the Childcare Support Act 2018 to ensure that families who are temporary protection beneficiaries can receive financial support with the cost of early learning and childcare costs under the national childcare scheme. This allows parents and guardians to undertake work, study or training and enables their children to attend high-quality early learning and care services, which will support them to integrate with their new communities.

Parts 4 and 5 are under the remit of the Minister for Justice and deal with accessing immigration services. In light of the significant increase in the number of persons engaging with the immigration system, greater efficiencies for registering and processing across the immigration and social welfare system, and in regional locations, are being facilitated. Part 4 of the Bill provides for amendment of the Immigration Act 2004 and other enactments relating to the registration of non-nationals. These amendments will facilitate the operation of the registration function jointly by the immigration service delivery function of the Department of Justice and An Garda Síochána, and will support online registration processes. The purpose of Part 5, relating to the processing of certain personal data, is to allow for the establishment of a one-stop shop service to persons fleeing Ukraine who are seeking temporary protection, a PPS number and income support. It is aimed at making the process more customer-friendly and easier to operate. To enable this, the Bill will allow relevant justice sector and social protection officials to gather relevant information on each other's behalf.

Part 6 places the Department of Transport's licensed haulage emergency support scheme on a legislative footing following the Government's decision earlier this year to provide temporary financial support to the licensed haulage sector to help it mitigate against increasing cost pressures, including the sharp, rapid increase in the cost of fuel in March 2022 following the invasion of Ukraine.

In our collective responses to Brexit and Covid-19 over recent years, the critical importance of the haulage sector in supporting our continued economic and societal activity was widely acknowledged. This is precisely why the Government acted quickly in March 2022 to support the sector. The scheme was open for applications between 5 April and 6 June 2022. It has now closed.

Part 7 will allow the Minister for Transport to respond immediately to sudden movements of people to Ireland under the temporary protection directive. Section 46 of this Bill introduces a new section 23B into the Road Traffic Act 1961. This will allow the Minister to issue an order permitting people here under the temporary protection directive to drive without having to exchange their national licences for the period of temporary protection. The definition of a licence in sections 38 and 40 is also expanded to require evidence of residency permission under the temporary protection directive to accompany the licence. Section 47 amends sections 60 and 61 of the Road Traffic Act 2010 to clarify that if a garda seizes a licence recognised under section 23B, only the licence is retained and not the permission.

I thank colleagues for their consideration of this Bill and I look forward to hearing from Senators.

Senator Barry Ward

The Minister is welcome to the House. I do not propose to address the sections of the Bill that deal with the Stardust inquest in circumstances where I am involved in those inquests in a legal capacity. I will leave that issue alone. Broadly speaking, and on behalf of the Fine Gael group, I welcome the Bill. There are important provisions throughout the Bill. I will speak in particular about the provisions relating to Ukraine and Ireland's response to the crisis there.

I have previously said in this House that I am tremendously proud of how we, as a Government and a society, have responded to the crisis that has been thrust upon the Ukrainian people. I welcome those who have made their way into societies and communities in Ireland. That reflects very well on Ireland. Ukrainian Members of Parliament, including the four who visited this House not very long ago, are astonished at the flexibility of our Government in dealing, for example, with the immigration issue. From a justice perspective, the ability of a government to react to that crisis and to remove immigration restrictions on Ukrainian citizens coming to Ireland was not just a function of our having a smaller Government than many of our European neighbours; I would like to think it was also a function of the compassion of our Government in its response to crises such as this one. Those Ukrainian Members of Parliament were extremely impressed by the fact that those restrictions could be removed so quickly and effectively to allow Ukrainians to come here. I remember having this conversation with the Minister for Justice, Deputy McEntee. From the very beginning, immigrants merely had to say they were coming from Ukraine. Driving licences, for example, were sufficient to establish from where they were coming. That is the way it should be. It should be that way across Europe but I know it has not been. I congratulate the Government on that. I am delighted that kind of measure is now being put on a statutory footing in this Bill. That is welcome.

It is also important for us to put in place the other measures about which the Minister has talked, including, for example, in respect of driver's licences, as I mentioned, to ensure people who are staying here longer term are in a position to stay here with the minimum of bureaucratic fuss and obstruction. That is very important, as are the changes under the Department of Children, Equality, Disability, Integration and Youth and the changes to the transport provisions.

This is an omnibus Bill insofar as it puts a number of things together. I understand there are other regulatory responses to the crisis but it is important for us to put on a statutory footing an acknowledgement of the importance of welcoming people into this community and facilitating them, where possible. One glitch in that system, and notwithstanding the recommendation of the European Commission and the directive generally in relation to people seeking temporary protection, is the mutual recognition of professional qualifications. It is an issue I have previously raised in this House. People are coming here with professional qualifications, whether medical, engineering, legal or whatever else. I know that in many sectors such people are having difficulty obtaining the status of their professional position in this country relative to what might have been the case had they stayed in Ukraine. It is important that we, as a Government, take steps to remind professional bodies that they must accommodate those people coming here. I am most familiar with the position in respect of lawyers. I had a meeting a couple of weeks ago with a number of Ukrainian lawyers who are working here but not as lawyers per se. Some of them are working in law firms but in paralegal roles. The difficulty is not that they cannot work, because all of these people have transferable skills that any employer in this jurisdiction would welcome, but that they are not recognised at the level they should be and are presumably not being paid at that level. They cannot bill clients at that level or operate at that level. There will be other difficulties for them in terms of language, systems and things like that. However, the European Commission and our own Government have made it clear that we should be recognising these qualifications. I am using law as an example but the same situation applies to teachers, doctors, nurses and engineers. People come here with enormous professional expertise and can contribute to this community in the same way they did to theirs before they were forced to leave. They want to contribute and to be a functioning part of society. We should be doing everything we can to accommodate those people. There is also a selfish benefit to us because we need the benefit of professionals. We know there are shortages of nurses and doctors, for example. We know there are shortages of skills in those areas. This is not an issue that is specifically addressed in this legislation. It is already part of the law. I ask that we redouble our efforts to make it clear to professional bodies that they should be going out of their way to put in place structures to accommodate Ukrainian professionals who have to come here to ensure they can work here in the same capacity and contribute at the same level here as they were able to do in Ukraine.

On behalf of the Fine Gael group, let me say there is much good in this Bill. There are progressive, albeit technical, elements to it. Those elements have a real, on-the-ground meaning for people who are coming here and that is why it is very welcome. We must do whatever we can to smooth that path for people as they come and, as we all hope, leave soon and return to their homes, businesses and livelihoods in Ukraine. We want to make the transition in and out as easy as possible, or allow those Ukrainians to stay if that is what they want. Speaking to Ukrainian friends, I know they are extremely anxious that they will lose their population to places such as Ireland and that the people who come here will find it easier to stay. While we would love that, there is obviously an imperative from the point of view of rebuilding Ukraine after the conflict. I know the Ukrainian polity wants them to be part of that and the Ukrainians themselves may also wish to be a part of it. I welcome these statutory effects which smooth the transition for anybody who has to come here.

Senator Robbie Gallagher

I too welcome the Minister to the House. From a Fianna Fáil perspective, we welcome and support this emergency provisions Bill which deals with the domestic response to the Ukrainian crisis and provides for matters relating to the Stardust inquest. I acknowledge Senator Boylan for her work on the Stardust inquest, as the Minister did in his statement. This Bill will make provision for the empanelling and summoning of a jury for that inquest. It is only right and proper that the Stardust inquest is finally dealt with to allow closure that is long overdue. I welcome the provisions in the Bill which I hope will end that journey.

The other part of the Bill relates to our response to the Ukrainian crisis. I join Senator Ward in saying how proud I am of how the nation has responded in an emergency situation to the crisis that the poor people of Ukraine are going through. How this Government has reacted shows what can be done in a crisis situation. The pandemic provided another example of the Government acting in a competent manner. It is important that we learn from the response to the pandemic and how we have dealt with the Ukrainian nationals who have come to our shores. I am sure there are learnings to be taken that can be rolled out so that others benefit in a similar manner.

I welcome the fact of the €400 monthly payment that will be allocated to persons who provide accommodation for Ukrainian people. When does the Minister hope that will be up and running? When can people apply for that? When can they expect payment? I know some of them will be doing this without payment but others will be looking for that €400. It is not an awful lot of money, to be fair. It is important that we give clear guidelines to those individuals about when they can expect payment to be made in that regard.

I welcome the measures around fuel for the haulage industry. Unfortunately, things have moved on again in respect of inflation and the cost of energy. Some self-employed people who work in the manufacturing industry have approached me. They have their own vehicles to transport their goods from their place of manufacture to the marketplace.

Unfortunately, they are not covered by this scheme. I am sure the Minister is aware of that. Have there been any developments regarding those people who do not have a road haulage licence but have to get their goods to the marketplace? They are penalised but if they picked up the phone and rang a haulage company, that company would be entitled to this fund, which is unfair.

Another part of the Bill relates to our response across a number of Departments in respect of childcare. I welcome those measures.

The Irish nation can be proud of how it reacts in an emergency when others, regardless of what part of the globe they hail from, find themselves in difficult positions. Time and again, the generosity of the Irish people has been renowned, and this is another occasion where we can be proud of our response. I am delighted to be associated with both Bills and look forward their swift passage through the Houses.

Senator Vincent P. Martin

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.

Senator Niall Ó Donnghaile

Gabhaim buíochas leis an Aire. Tá fáilte roimhe. Tá áthas orm go bhfuil seal agam chun plé a dheanamh ar an Bhille atá os ár gcomhair.

The Bill deals with mainly two distinct areas: procedures to allows jurors to be selected for the jury ahead of the Stardust inquest planned for the autumn and measures to help Ukrainians who have settled here under the temporary protection directive.

I extend my sympathy and support to the families of those who lost loved ones in the Stardust tragedy in February 1981, when 48 people, mainly teenagers and young people in their 20s, died in horrific circumstances and over 200 people were injured. I commend the relatives of those who died on their loyalty to their loved ones and the dignified and persistent manner in which they have campaigned for the truth about the circumstances of the tragedy and subsequent events. I have had the privilege of meeting some of those who have led the campaign for truth when they gathered at Leinster House at the invitation of my colleague, Senator Boylan. It was a humbling experience. It is taken the Stardust families 41 years to overcome the many inexcusable obstacles placed in their way and get to the point where a proper inquest will be held into the awful events of 14 February 1981. It is hard to believe the first inquest into the tragedy limited itself to the medical causes of death and ignored many other factors surrounding the tragedy. The families' single-mindedness and focus paid off in January 2020 when the Attorney General directed that another inquest take place.

I acknowledge, and thank other colleagues for acknowledging, the steadfast work of my colleague, Senator Boylan, in raising the issues around the Stardust campaign and tragedy, particularly the issue of the inquest and the jurors' selection. I acknowledge the Minister's willingness to engage with the Senator and to listen to the families and their stories and work with them to achieve proper outcomes.

I would like to quote sections of the welcome statement from the Attorney General. It beggars belief that it took four bewildering decades of grief, disappointment and anger for the families to arrive at this point. They have one simple but powerful demand, which is a demand for truth. He wrote, "There was no reference to the surrounding circumstances, in particular the cause or causes of the fire, and it does not appear that questions as to the cause or causes of the fire were canvassed to sufficient degree, if ... at all, at the original Inquests." That is unbelievable. He continued:

Drawing on analogies with the Hillsborough case in England, my view is that where there is a disaster of such magnitude as that which occurred at the Stardust in February 1981 there is, in the first place, the entitlement of the families of the victims to the public revelation of the facts, but also a distinct and separate imperative that the community as a whole be satisfied, even if belatedly, that there be sufficient inquiry at any Inquest held to maximise the chances that the truth should emerge.

I welcome the provisions in this Bill with respect to how jurors will be selected, regarding qualification and liability for service on a jury for the Stardust inquest. It will be an onerous and possibly a protracted undertaking for jurors and they should receive the maximum support available to ensure their civic duty is fulfilled without hindrance.

The Bill also provides for a welcome improvement in the various immigration services available, especially to Ukrainian refugees. Cuirim fearadh na fáilte roimhe sin, rud atá thar a bheith tábhachtach. Since the immoral and inhumane invasion by Russia of Ukraine in February, 36,000 Ukrainian refugees have been made welcome in this State. Like others, I pay tribute to the refugees for the manner in which they have settled in their communities and pay tribute to the host communities for the céad míle fáilte they have extended to our new community. We all know how difficult it is, in what may be loosely described as normal circumstances, for foreign nationals to find their feet here. It is not easy to absorb the life and daily circumstances of living in a different country, even if it is a voluntary choice. How much more difficult must it be for people fleeing a war and finding themselves and their families in a foreign land practically overnight, against their will and choosing?

I welcome the changes to immigration services in this Bill, addressing their availability in different parts of the State, the ability to register anywhere, the online registration service, and the appointment of more registration officers who maintain the register of foreign nationals. This will help to remove some of the stress and emotional turmoil the Ukrainian refugees are experiencing. While it is important, I think that we can all agree that it is quite a modest move in the broader scheme of things. It is exactly what we should be doing to support these people. We have all been privileged to experience the proactive support of communities, neighbours, families and clubs coming together to rally around our new Ukrainian refugee community. I am confident that such support, along with these changes, can make a real, tangible difference, until such a time, hopefully sooner than later, when those who wish to return can return to a safe, secure, peaceful and free Ukraine.

Senator Mark Wall

I welcome the Minister. I acknowledge, as colleagues have, the Government's continued efforts to deal with the unjustified war in Ukraine and how this country has stood up and stood out in supporting the displaced people of that democratic country who have ended up in this country in their thousands, seeking our support. As colleagues have said, the Government and communities need to be acknowledged for the tremendous welcome given to the Ukrainian community that has sought shelter on our shores. This legislation supports this country's efforts to provide shelter, food and, most importantly, dignity to those who have had to leave their homeland and, in many cases, their loved ones behind. Like many other public representatives, my secretary and I have dealt with and supported many families, in south Kildare in our case. I am aware of many families who have opened their doors to those from this stricken country. I am sure the €400 per month that this legislation provides for will be welcomed by those families but it is, of course, not the primary reason for which they open their doors. Will the Minister note when he expects the €400 to be available to those families?

We have come across a number of issues with the families which we continue to deal with in the office. There seems to be a blockage with rent allowance, particularly for those who have come from Ukraine and who are thankfully now working. That should be sorted out quickly. I recently came across two families who are having serious problems with that. The other issue, which I have raised before in this House, is transport. It is a significant issue for a number of Ukrainian families, particularly those who are not living in urban areas. The Minister will be aware that a large number of families recently came to live in Bert House just outside the town of Athy. My colleague, Councillor Aoife Breslin, has liaised with them through my office. They are welcome to the town. One of the biggest issues they are facing is transport and getting in and out of the town. Bert House is located three miles from the town. We continue to see Ukrainians walking on the side of the road, which is not ideal for them. Local Link should be able to provide for them. I ask the Minister to address that. Many other issues for families who have come to live there seem to have been taken care of but transport remains a problem. Will the Minister look into it?

I refer to Parts 6 and 7 of the Bill. Part 6 of the Bill will give licensed haulage emergency support scheme a legislative footing. As others have asked, can the Minister confirm the number of hauliers who have taken up the offer of €100 that was mentioned? The Government made a plea in the last two weeks. Many hauliers had not availed of it at that stage. As my colleague, Senator Gallagher, also mentioned, a number of hauliers who did not qualify for the scheme have contacted me. Are we to facilitate those hauliers? They provide a vital service for the running of the economy. Unfortunately, the war has not gone away. Costs are still rising. Now that this scheme has ended, is another scheme in the pipeline to support this industry, which is vital for the continued running of the economy?

I support the Government on Part 7, which will give the Minister for Transport the power to issue an order that will allow people admitted to the State under a temporary protection directive, as per section 60 of the International Protection Act, to drive using their national driving licence. That does not just apply to Ukrainians. I have attended a number of meetings with Ukrainians over the last weeks and months since they came to the country. This is one of the biggest issues to be raised. It is welcome. It gives them independence and may address some transport issues that I raised in the last couple of minutes.

I will address the dreadful events of St. Valentine's night in Dublin in 1981. It must have been every parent's worst nightmare to know that loved ones went out that night to enjoy themselves, only for 48 young people never to come home. It is unthinkable and heart-breaking. That pain is still real for many families. It is an unacceptable failure for this State and for every person in it that we still do not know the truth of what happened on that fateful night. The families are still seeking the truth, answers and justice for their loved ones. This is important legislation and it seems that the Minister has listened to the continued calls of families, their legal representatives and local representatives. My colleague, Deputy Ó Ríordáin, has welcomed this legislation and has sought continuing interaction with the Minister, Deputy O'Gorman, the Minister for Justice, and their Departments and other local representatives, in order to include them as we work through this legislation. I hope the Minister agrees with that. I welcome such discussions, but, most importantly, we must finally get the answers. The families deserve and the country needs the truth for every one of those 48 young people who never came home. I look forward to discussing this Bill further later in the week.

Senator Mary Seery Kearney

I was young on that fateful day in 1981 and I remember it. It is beyond belief that we are here all these decades later and that we are only now reaching the truth of what occurred. Hopefully we will find it in a while. The devastation for the families and the lack of a sense of justice for their loved ones must be truly awful. I welcome this legislation and the work of the Minister, Deputy McEntee, and Senator Boylan, to bring forward the issues and to get a response. A whole generation of parents was devastated and lived with the horror and the potential of what could happen.

As a young girl going out, I had to reassure my mother that I would always check the exits wherever I was going. The trauma for a whole nation at the time was quite considerable.

I welcome these provisions. It is a comprehensive Bill, not only now for Ukrainians but also as a template for how we will always address but, hopefully, will never have to re-engage the temporary protection directive. Hopefully, nothing will escalate to another country.

Yesterday, we attended the national commemoration event. As I sat there, I thought about the families I have met and have talked to who heard the sirens, went to their bunkers with whatever possessions they could carry and came back to find nothing there and who are now living in Ireland. In some instances, those are families with children with additional needs or with disabilities who came without even the requirements to support that child in their homes. I am proud of our response to them. I am proud of what we are doing. It is right that we do so because there are people in Ukraine today fighting on the front line upholding a democracy and the right to autonomy of a country. We should be respectful and grateful of that. It is not only them. There are many other such countries. There are people in direct provision here who also require a similar response from us.

I am mindful of making sure that groups I know in Dublin receive the benefit of the back-to-school allowance and have access to it for making sure their children go back in September supported and equipped. Many of the schools are organising this, but I wish to make sure that every child going through the door feels equal to and as cared for as their fellow classmates.

I echo Senator Ward's comments regarding the importance of professional recognition. I also have spoken with women who have childcare competencies and experience and in an environment where we are desperate for people working in childcare, it would be fantastic if we could do a move on that also.

One concern before the schools broke up was that sometimes families could be relocated at reasonably short notice with children who left a country urgently and settled into a school here finding themselves having to move from that school for what I appreciate is more permanent accommodation. However, we need to handle the communication of that better. It is quite possible that the Minister has addressed this. I am mindful that it is now July. In fairness, there may be ways of addressing that. I ask the Minister to consider that experience of the child making sure that when they are going in strangely making friends and feeling some sense of safety, we hold on to that as much as we possibly can.

Lastly, I commend the work of the Ukrainian community centre in Vicar Street. They are working well with the Red Cross. They have been doing extraordinary work there.

Senator Lynn Boylan

Cuirim fáilte roimh an Aire.

I thank colleagues for their support today. It has been an honour to know the families of the Stardust fire. It is regrettable that since I first met up with the group and embarked on helping them to seek justice, some are no longer with us today. There is an urgency about us getting this inquest under way.

I welcome the provisions within Part 8 of the Bill. Senator Seery Kearney hit the nail on the head. It is not only the families who were impacted by the fire that night in 1981. It sent shock waves across the nation. It had a legacy. Although I was young, when I was going out I was told to check the exits, leave my coat behind and never ignore a fire alarm. It was drilled in to every teenager for years afterwards because no parent wants to send his or her child out to enjoy a night and not to see him or her come home. I give credit to the Minister for Justice, Deputy McEntee, for listening to the families' concerns around the need for a jury in the first place but also that the jury would be independently selected. Those were two critical elements that the families wanted to have addressed and Deputy McEntee has listened to those concerns. Another was that the jurors would have their income protected. We want juries to be representative of society and given that this will be a lengthy inquest - it will be the largest in the history of the State - it is important that no juror could feel that he or she would not be able to serve because of financial difficulties.

I would like to have clarity on two issues relating to the selection process. The first is around the facility to inspect the jury panel that is selected by the registrar. It is about the transparency of the process. The history of how the families have been dealt with by the State has not been a good one. I am wondering why that has not been included in the provisions when we took the provisions from the Juries Act.

The second is around the challenging of jurors, either with or without cause. On the Dáil Second Stage debate, my colleague, Deputy Martin Kenny, asked the Minister, Deputy McEntee, about that issue. The Minister's reassurance at the time was that section 59(2) and the role of the coroner to allow for that objection was provided for and that the coroner can take a request from either family members or the legal representatives of those family members where a reason is given, but I would like clarity. Is that after the panel has been selected because what the families are saying to me is they want to know is that protection to challenge a juror provided for within Part 8?

Others have already said the first inquest was an "abject failure". They are not my words, but those of the eminent Professor Phil Scraton. I note the acknowledgement of the Attorney General who granted a second inquest. Senator Martin is correct in stating that it was a big step by the Attorney General to do this. It also needs to be acknowledged that 48,000 members of the public signed postcards requesting that. That shows, once again, the public interest in getting this inquest right. I would like clarity on that. We are almost there. If we could get this over the line before the summer recess and have all of those concerns or questions addressed, that would be helpful.

Finally, this is bespoke to the Stardust inquest, given the size and the scale of the inquest and the significance of it, but we all are conscious that the inquest system in Ireland is not currently fit for purpose. That review is ongoing. That is why those concerns, if they could be addressed, are so important. The Stardust inquest should set the bar. It should be the gold standard. This is what happened with the Hillsborough inquest - it was interesting that the Attorney General referred to the Hillsborough inquest in granting the new inquest on the Stardust - but also the Ballymurphy inquest. Those were two inquests that had lengthy battles by the families but the issue was that they set the bar for how families should be treated in inquests. I would like to think that we would do the same now with the Stardust, that we get this 100% right and that, when that review of the inquest system is finalised, it would be the bar that we would strive to achieve for all families going through the inquest procedure.

Minister for Children, Equality, Disability, Integration and Youth (Deputy Roderic O'Gorman)

I thank all of the Senators for their contributions.

As this is a miscellaneous provisions Bill, we are dealing with a number of important matters and one incredibly sensitive matter. I thank all Senators, in terms of the Stardust tragedy and our efforts, albeit belated, as a State to provide justice to those who died and provide justice to their family members, for their contributions. Many Members expressed the wider significant impact that the loss of so many young people had on Irish society at the time. I was not born at the time of this tragedy but I remember every year at St. Valentine's Day when I give my Mam her Valentine's card, she would thank me but always remember the people who died that day as well. The absolute scale of this tragedy probably had an impact on every family.

We now have the opportunity to begin that process of real justice for the families, recognise the work that Senator Boylan has done on this matter and recognise her recognition of the Minister for Justice, Deputy McEntee, in respect of legislation that secures those key elements of independence in terms of the selection of members of a jury but also the protection of their incomes, thereby recognising that this is will be a lengthy and detailed process.

As Senator Boylan is aware, I am not the lead Minister on this legislation. On her second question regarding the ability to challenge, my understanding is that a challenge, under section 59(2), can take place at any point during the process.

On inspection of the jury panel, I will ask the officials in the Department of Justice to clarify the matter. My understanding is that they are willing to engage with the Senator directly if other elements of clarity are sought. As she has said, I hope that we can get this legislation done and passed. The Senator has tabled amendments but I believe there is an opportunity to engage that point. I agree with her wider point she made about the need to reform the inquest system.

On the other elements addressed by this legislation and primarily the element concerning Ukraine, I thank Senators for recognising the work that the Government has done but particularly the work that communities have done to welcome Ukrainian women, children and men, and to integrate them into whatever happens in their community, be it sports or cultural organisations, schools, workplaces or local employment services. I know that in my own area, Empower has done amazing work. All these efforts have been recognised. Senator Ward spoke of the recent visit by Ukrainian MPs. They said to me that they had not seen a better example being given anywhere else in Europe, in terms of the welcome that Ireland has given, which is something of which we can be proud.

More than 40,000 Ukrainian refugees have arrived and since day one, I have recognised that this has put and will continue to put pressure on services and systems, around the country. We all know that we are in the middle of a housing crisis, so it is difficult and is becoming more difficult to secure the type of accommodation that we would like to offer to our new arrivals as more people arrive. We have always been clear that we offer shelter and safety but we cannot always offer the choice of accommodation. Ukraine is a very urban country and many Ukrainians are used to living in urban areas. Consequently, when they are located in beautiful parts of rural Ireland I know that this can be a big change and we are not always able to offer people a choice in respect of where they live.

Senator Seery Kearney referred to the very difficult issue arising when we have had to move children out of schools, about which I have a real concern as I am the Minister for Children, Equality, Disability, Integration and Youth. However, I cannot say that such movements will not happen again, particularly as we have a significant number of people living in student accommodation and some of them will have to move out. We will endeavour to notify people more quickly but I cannot give an absolute guarantee that people will not have to change schools.

I can confirm for Senator Wall that from the latter half of this month, people will be able to apply for the €400 payment through the Department of Social Protection.

In terms of the haulage payment, my understanding is that 3,000 out of 3,800 hauliers have applied for the payment. That is a very significant number and about €15,000 has been paid out so far.

Rent supplement can be availed of by Ukrainians. As it is a social welfare payment, they are entitled to apply for it. I see the Senator is shaking her head. I confirm that they are entitled to rent supplement as a social protection payment. The housing assistance payment, HAP, is a separate payment but Ukrainians are entitled to claim rent supplement.

I accept what has been said about transport issues. The Department of Transport and the National Transport Authority took the initiative early on to link in areas where there were not good public transport links near an hotel or residence with large numbers of Ukrainians. It might be worthwhile for the Senator to flag this issue with the Minister for Transport, Deputy Eamon Ryan, and the National Transport Authority, and I am happy to do so as well, to see if the scheme can be broadened a little.

I take the point that was made about recognising qualifications. I am happy to speak to the relevant Minister, perhaps to the Minister, Deputy Harris, and to the Tánaiste, on what their Departments can do to facilitate that.

Question put and agreed to.

Cuireadh an Seanad ar fionraí ar 2.25 p.m. agus cuireadh tús leis arís ar 2.38 p.m.

Sitting suspended at 2.25 p.m. and resumed at 2.38 p.m.

Seanad Éireann díospóireacht -
Monday, 11 Jul 2022