Seán Haughey (Dublin North Central, Fianna Fail)

On behalf of the Minister for Justice, Equality and Law Reform, I welcome the opportunity to move this important motion. The statement before us complements the motion passed in the Dáil earlier this year and is in keeping with the recommendations made by Mr. Paul Coffey SC, who carried out the independent examination of the case made by the Stardust Victims Committee.

The horrific events early in the morning of 14 February 1981 are foremost in all our minds in discussing this motion. Both the loss of life and widespread injury in the Stardust still stands as one of the greatest tragedies in modern Irish history. Of the several hundred young people in attendance that night, 48 never came home and 128 were seriously injured. Devastated survivors and families, together with the wider local community, all struggled to come to terms with the magnitude of the disaster in its aftermath.

The shock and outrage felt throughout Irish society at the time led to the establishment of a tribunal of inquiry, which came to damning conclusions on the adequacy of the fire safety and protection measures, including the means of escape. The tribunal report was no less rigorous in criticising the overall official framework for fire safety in the State as well as the effectiveness of the emergency response, notwithstanding the efforts of individual officers. The tribunal's criticisms and specific recommendations led to a complete transformation of our fire safety and protection measures. The collective outrage that was felt as a reaction to the Stardust disaster gave the reform programme an impetus. It brought about a determination to do everything possible to prevent a similar tragedy. Under the new legislative framework that was put in place by the Fire Services Act 1981, the person who is in control of a building has a specific statutory responsibility to take precautions to prevent the outbreak of fire and, in the event of fire, to ensure the safety of people on the premises. Under the new regulations that were introduced, the locking of doors and blocking of escape routes, which in the public mind had come to represent all that was most disturbing about the Stardust disaster, became specific offences. Powers of inspection, enforcement and prosecution were all strengthened. The fire service has been transformed, by comparison with how it operated in 1981, as a result of substantial investment in infrastructure, communications, equipment, staffing and training.

There was widespread dismay on the part of the victims and their families about the tribunal's findings on the probable cause of the fire. Today's motion, which follows that already passed in the Dáil, clarifies that record. Mr. Paul Coffey's report, which has been laid before both Houses of the Oireachtas, concludes that the finding of probable arson was merely hypothetical. Today's motion acknowledges the original tribunal's true finding that there is no evidence that the fire was started deliberately and that the cause of the fire remains unknown. On behalf of the Minister for Justice, Equality and Law Reform and the Government as a whole, I wish to acknowledge that paragraph 6.167 of the Report of the Tribunal of Inquiry on the Fire at the Stardust Artane, Dublin on the 14th February 1981 states:

The cause of fire is not known and may never be known. There is no evidence of an accidental origin: and equally no evidence that the fire was started deliberately.

Critically, none of the victims of the Stardust disaster or the people present at the Stardust on the night of the fire can be held responsible for the fire.

Mr. Coffey was also required to consider the case made by the Stardust Victims Committee for a new inquiry. His conclusion is that the committee did not identify any new or existing evidence capable of establishing the cause of the fire. He states that while it could be argued that a further inquiry would at least establish whether the fire began in the west alcove or in the roof space, it seems to him that at a remove of nearly three decades from the date of the fire and in the absence of any identified evidence that might establish the cause of the fire wherever it arose, the public interest would not be served by establishing a further inquiry solely for that purpose. Mr. Coffey also considered whether a case can be made for a further inquiry to assess the probable cause of the fire. He concluded that in the absence of any confirming evidence capable of establishing the cause of the fire, such an inquiry could, at best, produce a hypothetical finding. As it would be incapable of proof or disproof, it would be of no obvious or forensic value. The Government accepts Mr. Coffey's view that the establishment of a new tribunal to investigate the cause of the fire would not be in the public interest, in the absence of any new evidence that might establish the cause of the fire.

I pay tribute to the efforts of the Stardust Victims Committee and its solicitor for their perseverance and determination over the years. It has been a long road but one on which important progress has been made at different stages. As a local representative, I have worked with the Stardust committee at various points along this journey. For example, I addressed its concerns about certain planning applications regarding the use of the site. I was pleased to work with the committee in securing the provision of a suitable memorial to the victims of the tragedy, which has been realised in the peaceful but poignant Stardust memorial park in Bonnybrook. The successful identification of the remains of the five previously unidentified victims has made it possible for the families in question to erect headstones and hold services for their lost loved ones.

I am pleased to recommend this motion to the Seanad and thereby allow Senators to pay tribute to the memory of the dead and the grief of their families and friends. The motion looks to the future by accepting the recommendation that arrangements should be put in place to ensure any outstanding necessary counselling and medical treatments are afforded to the survivors and the bereaved. I understand that discussions are ongoing with the committee's solicitor concerning the practical mechanisms in this regard. Officials have engaged with the relevant health service experts with a view to identifying the best means of assessing and meeting the welfare needs of those concerned. It is my strong desire that arrangements be put in place as soon as possible. I express my sincere sympathy to the victims and their families. I hope this motion, which forms part of a collective resolution from both Houses of the Oireachtas, will provide some closure for all affected by this devastating tragedy.