(2) if he will make it his policy to provide legal aid and assistance to the British families at the forthcoming inquest into the deaths of personnel on the Hercules aircraft shot down in Iraq.
Representation at inquests is outside of the usual scope of the legal aid scheme as set out in the Access to Justice Act 1999 and other documents laid before Parliament. However, it can be made available in exceptional circumstances. There are published criteria that help determine whether a case is exceptional. Applications for exceptional funding must first be made to the Legal Services Commission (LSC). The Ministry understands that applications, in relation to the inquests into the deaths of personnel on the Hercules XV179 shot down in Iraq in January 2005, are currently being considered by the LSC. Only where the LSC considers that the exceptional criteria are met will the applications be passed to the Ministry of Justice for final determination. The Government have not advised the press about any representation of other parties at those inquests.