Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 1:

To delete all words after “misgivings around previous investigations” and substitute the following:“- there has been important work conducted by individual researchers on a voluntary basis over many years into the causes of the tragedy; and

- the Programme for a Partnership Government specifically states that 'full regard will be had to any new evidence which emerges which would be likely to definitely establish the cause of the fire at Stardust';calls on the Government to meet with the Stardust Relatives’ and Victims Committee regarding the new and updated evidence they have uncovered since reviewing Judge Keane’s Report of the Tribunal of Inquiry on the fire at the Stardust, Artane, Dublin in 2006, to have that new and updated evidence assessed urgently by an independent person who has the trust of the families; and

if the independent assessment confirms the existence of new evidence, calls on the Government to immediately establish a Commission of Investigation into the Stardust Tragedy of 1981.”

I thank Deputy Broughan for raising this important matter. As has been said, the events that occurred at the Stardust in the early hours of St. Valentine's Day 1981 are ones that have lived long in the memories of those of us who were old enough to recognise the tragedy that was unfolding before us as we woke that morning. The scale of the tragedy as it emerged was overwhelming. Across the country, thousands of people, young and not so young, went out on a Friday night to dance, celebrate and enjoy themselves. They said goodbye to their loved ones, told them they would see them later and made plans for the following day. They did and said all the things that we do in such routine circumstances. Every parent worries when their child, of whatever age, is heading out for the night. We tell them to mind themselves and to be careful, but we never think that something like this could happen.

Forty-eight young people lost their lives. Many more were seriously injured and live with those scars, both physical and psychological, to this day. We can only imagine the alarm of the families whose loved ones were out that night as word of the fire emerged, the panic they must have felt and the torment they went through as they sought out news of their loved ones. For some, there was relief; for others, the torture of desperately trying to keep hope while they awaited news; but, for so many, there was only despair.

Tragedies such as this, and thankfully they are few, impact on a wider community than just those present on the night. The impact on the victims and their families and friends, on all those caught up in this terrible event, cannot be forgotten. It has not been forgotten. Members of these Houses have in the past spoken of their memories of these events and of people they knew who were injured and who lost their lives. The Stardust fire is part of our communal history. It is right that it is not forgotten and that we continue, in this House, to discuss and consider any measure that may address the terrible legacy of the fire.

Immediately after the fire, a tribunal of inquiry was established. The tribunal reported in June 1982. Deputies are familiar with the report's findings, which were highly critical of the building's owners, the fire safety measures in place, the means of escape and the response of the emergency services. Deputy Broughan has gone into much of the detail. Over the following years, the findings of the tribunal, particularly as they related to the finding of probable arson, were the source of great dissatisfaction for many victims. Concerns also emerged as to whether the real cause of the fire had been identified and the adequacy of the investigations that were carried out.

Throughout the first half of the last decade, the committee representing victims and their relatives communicated these concerns to Government. The committee's submissions also advanced an alternative hypothesis as to the cause of the fire. Following this, the Government of the day agreed, in 2008, to appoint an independent legal expert, Mr. Justice Paul Coffey, to examine the case made by the committee. His report was published in January 2009 and dealt in some detail with the findings of the original tribunal report. Its key conclusion was that, "the Tribunal's conclusion as to the cause of the fire cannot be demonstrated to be objectively justifiable", and that the tribunal's finding of fact that the fire was probably started deliberately was on its true construction a hypothetical finding only. The report's conclusion that the finding of arson in the original tribunal report was hypothetical only and that no one present could be held responsible addressed a long-standing stigma of suggested criminality that some of the victims and bereaved felt hung over all who had been in attendance that night.

The report also considered the hypothesis put forward by the committee as to the cause of the fire but concluded it had not identified any evidence which could establish its cause. It also found that, "the new and other evidence relied upon by the committee at its highest merely establishes that the fire began in the roof space but does not establish its point of origin or cause".

Following that, the Government of the day in 2009 moved motions in both the Dáil and the Seanad which were supported on an all-party basis in both Houses. The motions acknowledged, "the view of Mr. Coffey that to establish a new Tribunal to investigate the cause of the fire in the absence of any identified evidence would not be in the public interest". That was accepted at that time in an all-party motion in this House.

While the findings of the independent legal examination were widely welcomed at the time, subsequently, some family members raised concerns about the process and its outcome. On my appointment as Tánaiste and Minister for Justice and Equality, I met with Ms Antoinette Keegan, Ms Geraldine Foy, a researcher and advisor to the committee, and the committee's solicitor, Mr. Paul O'Sullivan, to hear at first hand their concerns. Following that meeting, I appointed an official in my Department to liaise with the committee. There has been significant engagement with Ms Antoinette Keegan, Ms Geraldine Foy and Mr. Robin Knox, another researcher associated with the committee, through that mechanism. I am of the view that significant progress was made in 2015 with collaborative efforts between them and the Department, resulting in the drawing up a document outlining the case as they presented it.

Subsequently, they indicated that they wished to provide further material to my Department and the engagement continued. Further material was provided to the Department in January 2016. Engagement on these lines had been continuing up until the end of 2016, at which point the committee decided not to proceed with the process. I respect this decision.

I am mindful, as is the Government, of the understandable depth of feeling of those affected by this tragedy and of the need to avoid adding to their distress. It would be regrettable, against a background where there has previously been broad agreement in the House on motions relating to these events, if this consensus could not be maintained.

Returning to the motions passed in the House following the 2009 report, which accepted the view of Mr. Coffey that to establish a new tribunal to investigate the cause of the fire in the absence of any identified evidence would not be in the public interest, the key issue that now arises is whether any new evidence can be identified as to the cause of the fire. To address this, the Government proposes in its amendment that, in the first instance, an independent person be appointed to assess urgently the question of whether any new evidence can be identified. The Government will act on these findings. As stated in the programme for Government, "Full regard will be had to any new evidence which emerges which would be likely to definitely establish the cause of the fire at Stardust." If the independent assessment confirms the existence of new evidence, a commission of investigation will be established and the Government will proceed on the basis as outlined in the amendment.

I strongly believe this is the appropriate way forward. As I have said - and I think every Member of the House will agree with me - it is right that the tragedy is not forgotten and that we continue in this House to discuss and consider any measure that may address the terrible legacy of the Stardust fire.

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