Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Ceann Comhairle for the opportunity to raise this important matter in advance of the 34th anniversary of the Stardust tragedy. As we all know well, 48 people died and many more were injured on St. Valentine's Day in 1981 when a fire broke out in the Stardust nightclub in Artane. The majority of people in the Dublin Bay North constituency, particularly those who live in Artane and Coolock, have been affected in some way by this tragedy. There are many who knew, either directly or indirectly, people who lost their lives or who sustained injuries on the night in question. Some of those who live locally recall seeing the tragedy unfold as they ran towards the nightclub to assist. This incident has left its mark not only on the families and friends of those who attended the Stardust that evening, but also on the community as a whole, as people have attempted to come to terms with their grief.

The exact cause of the Stardust fire has never been established and it is very difficult for families to come to terms with the fact that no one has ever been brought to justice for what happened. The initial suggestion of arson has since been disputed. In his report into the events which took place in 1981, Mr. Paul Coffey, SC, found that "the cause of the fire is unknown" and that "None of the victims of the Stardust disaster or the persons present at the Stardust on the night of the fire can be held responsible for the fire". The relatives of the victims have for far too long been awaiting answers regarding exactly what happened on the night they lost their loved ones for far too long. They are seeking the truth and they want justice for their loved ones. They believe that investigations that have taken place up to this point were flawed. In that context, they are unhappy with the Keane and the Coffey reports and they want both to be removed from the public domain.

The Minister met representatives from the Stardust Victims Committee, which they very much appreciate, and listened to their concerns. In that context, I am aware that there is an ongoing Garda investigation into allegations that have been made and evidence that has been provided by some members of the committee. The families of the Stardust victims believe that new information regarding deaths that occurred some way from where the fire is thought to have started should be proof enough that a fresh investigation is required in order that the night's events might be re-examined. A researcher has discovered evidence which disputes the finding in the Keane report to the effect that the fatal fire did not start in the roof space. Rather, it is believed that the vast volume of fuel in the storeroom on the first floor, which was concealed behind a wooden wall, caused the deaths which occurred on 14 February 1981. I have been informed that the reports compiled by the researcher in question, Ms Geraldine Foy, were forwarded to the Department of Justice and Equality for investigation but that they have since been returned. There is major concern regarding the fact that an official in the Department who has no legal or technical expertise was asked to review the reports in question. The Stardust Victims Committee is concerned that they were not actually read during the 12-week period in which they were in the Department's possession. Is the Minister in a position to provide assurances that if the reports were to be returned to her Department at a later date, an official with proper and adequate expertise would actually review the evidence they contain as soon as possible? It cost a large amount of money and took a great deal of time to compile for the evidence to which I refer to be compiled. It is only right and proper that it should be considered, in full, by the Government.

I accept that what I am about to say does not relate to the Minister's Department but I wish to bring to her attention the matter of the memorial park to the victims of the Stardust fire. Sadly, the park in question is not being adequately maintained by Dublin City Council and issues arise there from time to time with regard to anti-social behaviour. That needs to be addressed properly.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy for raising this matter. Irrespective of any differences of opinion, no one disputes the magnitude of this tragedy or the impact it had on the families concerned and, as the Deputy said, the wider community. We are all conscious that the 34th anniversary of the fire falls this weekend and that this must be a particularly difficult time of year for all affected.

As the Deputy will be aware, following a long campaign on the part of the victims, Mr. Paul Coffey SC was appointed in 2008, with the agreement of the Stardust Victims Committee, to review the case made by the latter for a new inquiry into the fire. Mr. Coffey publicly invited submissions from all interested parties and the committee, to which the Deputy referred, gave extensive oral evidence and made written submissions as to its case for a new inquiry. Mr. Coffey's report concluded that, in the absence of any identified evidence as to the cause of the fire, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest.

While Mr. Coffey's findings were widely welcomed at the time, there has continued to be dissatisfaction, which has given rise to extensive correspondence and communications between the committee and some of its representatives and my Department and other agencies. In these communications, the committee has continued to argue for the validity of an alternative hypothesis as to the cause of the fire.

I met representatives of the Stardust victims committee in July last year and this meeting provided me with a very good opportunity to hear their concerns at first hand. With regard to the question of any new evidence that might warrant the consideration of a further inquiry, two reports compiled by a researcher associated with the committee, who was named by the Deputy, were submitted to my Department last year. My Department was given to understand that a third and final report would be submitted in due course. However, no final report was submitted and the researcher concerned requested the return of the two reports that had been submitted. In compliance with this request, the reports were returned to the researcher. My Department has, through the Stardust victims committee, requested that the decision to withdraw these reports be reconsidered.

I have the greatest sympathy for all those affected by the fire, as I know does everybody in this House, and I understand that those involved in the committee remain convinced that their explanation for what happened on the night is, in fact, what did occur.

As I have outlined, my Department has requested that the decision to withdraw the reports be reconsidered. If these, or any other submissions, are received, they will, of course, be examined in detail and a response will be issued to the committee in due course.

Allegations raised by the Stardust Victims Committee and its representatives in regard to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed by the Garda Commissioner that this is a complex investigation and, as the Deputy will understand, I cannot do anything that might cut across it. It is right, of course, that concerns about this dreadful and tragic event be raised in this House again. I again thank the Deputy for raising this matter.

Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Minister for her response. She is well aware that the victims' families are not able to obtain closure regarding what actually happened on the night. There is a huge dispute over the findings of the two reports. Basically, the families feel the evidence provided to ensure there would be a fresh inquiry was not read by the Department and that the person examining the information had not the required legal or technical expertise to make an assessment. If the Minister could respond on this, it would be appreciated. Could she confirm whether the reports were read within the 12 weeks when they were in the possession of the Department?

People are very angry and feel justice is being denied to them. They believe nobody was fully held to account over what happened on the very tragic night in question. As the Minister said, allegations were made to the Garda. Could the Minister find out whether any information is forthcoming from the Garda on when its investigation will be completed? This would be appreciated.

I raised the issue of the memorial park. Perhaps the Minister could follow this up with the Minister for the Environment, Community and Local Government because adequate funding must be found to ensure the park is appropriately maintained. It is currently dilapidated in parts and is not the fitting memorial to the victims of this terrible national tragedy that it should be.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am aware there remains dissatisfaction over the fact that it has not been possible to determine the true cause of the fire with certainty. I entirely sympathise with the concerns of the victims committee in this regard and I sympathise with all those who continue to be affected by the tragedy. However, the position is that an independent examination by Mr. Coffey was put in place to assess the committee's case. Substantial assistance was provided to the committee in order that it could participate in the process, and it did so. Mr. Coffey’s conclusions, as the Deputy will remember, led to motions of great significance being passed in both Houses clarifying the record as to the cause of the fire. This was extremely important, as acknowledged by everyone.

Mr. Coffey concluded that there remains no actual identified evidence as to the cause of the fire. In that context, and in line with the motions, the concern is that the best another inquiry could produce would be another set of hypothetical findings, which would not be in the public interest. However, as I have said, if any further submissions are made in this regard, they will, of course, be examined. Any reports that are given to the Department are dealt with and examined comprehensively. There is no question about that.

It would be unfair to those who have suffered so much already to raise unrealistic expectations about what can be achieved at this point. However, I will certainly take up the issue the Deputy raised regarding the memorial park. I am sure the Minister for the Environment, Community and Local Government will act upon that.