Tim O'Malley (Limerick East, Progressive Democrats)

On behalf of the Minister, Deputy McDowell, I thank Deputy Broughan for raising this important matter this evening. I am sure that the entire House joins the Minister and me in expressing our sympathy and support for the families as the anniversary of the tragedy approaches. I fully understand the families' concerns regarding the background to the tragedy, and the Minister and the Department will assist them in any way they can. It is for that reason that officials from the Department have met representatives of the families on several occasions in recent years. These discussions led in 2004 to the presentation to the Department of a submission prepared on behalf of the Stardust victims committee and which examined a range of issues relating to the fire and its investigation. This submission was forwarded to the Garda Commissioner and to the forensic science laboratory for examination as to whether it constituted new evidence or material otherwise not dealt with by the tribunal of inquiry. Both the Garda Commissioner and the forensic science laboratory responded to the Department stating that the report contained no new evidence.

More specifically, the forensic science laboratory concluded that the report in question amounted to a different interpretation of matters already brought to the attention of the tribunal and not new evidence. Similarly, the Garda response concluded that no new evidence was forthcoming that would warrant the Garda Síochána revisiting the investigation and that all the matters raised in the report had been adequately addressed by the tribunal of inquiry.

A meeting was subsequently held in November 2004 between the Stardust victims committee and officials of the Department, including the Secretary General of the Department who attended on behalf of the Minister. The committee was informed of the views of the Garda Commissioner and the forensic science laboratory and advised that in the absence of compelling new evidence, the establishment of a further tribunal of inquiry could not be recommended.

The Minister is of the view it is important to note that the original inquiry carried out by the former Chief Justice was a substantial and extensive examination with comprehensive terms of reference. It sat for 122 days and heard evidence from 363 witnesses, 161 of whom were present in the building on the night of the fire. The tribunal had available to it a range of national and international expertise in matters relating to fire safety and building construction and detailed forensic and pathology evidence was also heard.

In drawing attention to the extent of the original inquiry, the Minister's intention is not to suggest that it cannot be revisited but rather to highlight that the grounds for doing so would have to be substantial. At the November meeting it was, however, made clear to the delegation that any further submission they or their representatives wished to make would be carefully examined. The present situation is that no new information has been brought to the Department's attention since then and that there is essentially no further advice that the Department can give to the families other than that conveyed at the meeting in November 2004.

It remains the cases that any submission received will be examined and in that light the Department has forwarded recent correspondence from the committee to the forensic science laboratory for its observations. The Minister's Department will keep the committee fully informed of any developments arising out from this and he will meet a delegation from the families if there is some new information or advice he can usefully give.

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