NORTHERN IRELAND; PUBLIC FUNDING FOR REPRESENTATION
AT CORONERS' INQUESTS
Lord Mackenzie of Framwellgate asked Her Majesty's
Government:
What criteria they intend to use to assess applications
for funding from the extra-statutory ex-gratia scheme established
to provide representation for proceedings before coroners in exceptional
inquests in Northern Ireland. [HL1445]
The Lord Chancellor (Lord Irvine of Lairg):
I can advise the noble Lord that I will consider each application
for funding from the extra-statutory scheme on its individual
merits and in the round. In so doing I will have regard to:
(a) whether the issues raised in the application
fall outside the scope of a coroner's inquest;
(b) whether the applicant would qualify financially
for full civil legal aid in other circumstances;
(c) whether an effective investigation of
the death by the state is needed, and whether the inquest is the
only way to conduct it;
(d) whether the applicant has a sufficiently
close relationship to the deceased to warrant funding;
(e) whether an alternative to public funding
is available;
(f) whether the applicant needs representation
in order to participate effectively in the inquest—for example,
because there are unusually complex questions of law or fact,
or evidential difficulties, or because of the level of representation
of others who have an interest in or are involved in the inquest;
(g) whether there is a significant wider
public interest in representation being provided;
(h) the views of the coroner, if expressed;
and
(i) any other matters which appear to be
relevant to the individual circumstances of the case.
I am writing to interested parties to invite
their views on the criteria.
The consultation exercise for these criteria
will conclude on 30 June 2001. In the meantime and until I reach
a conclusion on the final criteria to be adopted, I will apply
the criteria set out above to any applications for funding from
the extra-statutory fund.
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