Frank Fahey (Galway West, Fianna Fail)

On behalf of the Tánaiste, I thank the Deputies for their contributions to this debate, which provides an opportunity to update the House on the very latest developments with respect to this important matter.

As the Tánaiste has previously set out, discussions between his Department and representatives of the families led in 2004 to the presentation to the Department of a submission prepared on behalf of the Stardust Victims Committee which examined a range of issues relating to the fire and its investigation. That submission was examined by the Garda Commissioner and the forensic science laboratory but was found not to contain 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. 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.

At a subsequent meeting between the Stardust Victims Committee and departmental officials, the committee was informed of this position and advised that in the absence of compelling new evidence, the establishment of a further tribunal of inquiry could not be recommended. It was made clear, however, that any further submission they or their representatives wished to make would be carefully examined. In the immediate aftermath of that meeting no such submission was received.

The Tánaiste has pointed out previously, but believes it bears repeating, 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. By any standards it was an impressive undertaking and in no sense should it be seen as an inquiry with anything less than the gravity and thoroughness that would rightly be expected in these circumstances.

As the 25th anniversary of the tragedy approached, the question of a new inquiry began to be raised again by representatives of the victims. In response to queries from the representatives and when raised by Deputies, the Tánaiste made it clear that any submission would receive serious attention. In July a comprehensive submission was received and referred to the forensic science laboratory for analysis. This was followed up by a meeting on 18 September at which the Taoiseach and the Tánaiste, together with senior officials and the director of the forensic science laboratory, met representatives of the victims committee. The purpose of the meeting was to hear from the committee in person on their detailed submission so as to properly inform the analysis of its contents.

At the meeting the committee also outlined its concerns regarding the identification of five of the victims whose remains have never been properly identified and proposals as to how this might be achieved were discussed. The meeting concluded with an indication by the committee that it would follow up with some final observations, which could be added to the material already under examination. The extent of the detail and the complexity of the issues, however, are such that the examination of the technical and legal questions arising is not yet satisfactorily concluded. For this reason, the committee has recently been advised that it could be another three weeks before a final and properly considered response can issue.

At the same time as advising it of this, it was however possible to provide a more definitive response on the question of unidentified victims. The Tánaiste is pleased to be able to confirm that the Department of Justice, Equality and Law Reform will initiate and oversee a process intended to lead to their identification. The Garda authorities will give their full support in the logistics of this process and will be assisted by the forensic science laboratory with specialist analytical input from the UK. The cost of the process will be borne by the Department, including all analytical expenses, as well as exhumation and reburial expenses, to include the reasonable costs of private funerals following identification. This last item will be agreed with the next of kin of each of the five victims in due course.

The Tánaiste full appreciates the concerns of the families regarding a response to their call for a new inquiry. There is no question that the response is being postponed indefinitely. Their submission on identification has been dealt with in good faith and so will this. Rather than rush that response, however, the issues are getting the careful attention they deserve. Every effort will be made to respond under the timeline indicated and the families can take it that the timeline will not be exceeded.

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