Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank Senator Boylan for bringing forward the Bill. I join colleagues in welcoming family members to the Seanad. I acknowledge each and every one of them. I acknowledge what they have been through and continue to go through and I wish to say how sorry I am that after 41 years, we are still here. I acknowledge that 41 years ago, 48 young people went out on a night out, as we all have done, to enjoy themselves and celebrate St. Valentine's Day and never came home. As colleagues have said, more than 200 other people were injured in the fire and this had an impact not only on their families but on a very close-knit community in north Dublin. It has marked the community with tragedy forever. While I was not alive at the time it happened, I know and have seen since then that the country has grieved with each and every one of the families. We sincerely admire their determination in keeping the memories of their loved ones alive in the years since. Each of the 48 young people was unique with their own hopes, ambitions and dreams. All were taken too soon and in the cruellest of ways. The reverberations of their loss have been felt through the generations of their families. I have no doubt it has been a heavy loss to bear for each and every one of them.

The families have spoken of their need for their voices to be heard to speak for and about their loved ones. The decision by the former Attorney General in September 2019 to direct fresh inquests into their deaths gives the families this opportunity. The pen portraits that will be heard at inquests will be a key part of that process. Just knowing the names of the 48 young people is not enough. In order to fully acknowledge what the families have lost, we need to understand who they were as people. We need to learn of their lost potential and the devastating impact this has had on their families, friends and wider communities.

Several challenges have arisen in arranging an inquest of this scale and complexity. My Department has genuinely tried to address them constructively and in as sensitive a way as possible. My role and that of my Department is to support the senior Dublin coroner, Dr. Myra Cullinane, who has been given the task of carrying out the inquests. It is important to state that, as I know everyone present is aware, the coroner is, by law, fully independent in the conduct of these inquests. We are here to support her in her work. Since the Attorney General directed that fresh inquests into the Stardust tragedy are required, my Department and I have again tried to ensure the coroner and, indeed, the family members - those who are here and those who are not - are provided with all the necessary supports. This includes the fit-out of the bespoke Covid-compliant courtroom in the RDS. A Senator asked about the delivery, venue and complexities. Unfortunately, Covid has compounded those complexities.

Access to civil legal aid has also been provided for the families. I again acknowledge that took longer than people would like, but it is available regardless of people's means and on an exceptional basis. Earlier this month, a new venue for the Stardust inquest was confirmed, namely, the Pillar Room in the Rotunda Hospital. This follows extensive engagement on the part of my Department with the Office of Public Works in order to secure an appropriate venue in advance of the expiry of the RDS contract at the end of the month. I am pleased the new venue has been warmly welcomed by the families.

My Department has developed a website for the inquest, assigned additional staff to the office of the Dublin coroner and facilitated the appointment of legal and expert guidance to try to support the coroner in her important work. Dr. Cullinane has begun that work. As Senators outlined, 11 pre-inquest hearings have been completed to date, with the 12th scheduled to take place in mid-March. Where challenges have arisen, we have worked with the coroner and her team to overcome them, with the needs of the families always at the forefront of our minds. I know the motivation of the Senators in sponsoring this Bill is based on the needs of the families and that is why the Government is not opposing the Bill.

I am keen to find an appropriate resolution to the issues raised, not just one that complies with the requirements of coronial law and the general principle that service on a jury is part of every citizen's civic duty. I am also mindful of the fact that a number of pre-inquest hearings have been held and certain matters have been determined. Of course, I want to be sensitive to the needs of each and every member of the families. In light of the concerns raised and the particular circumstances of the Stardust inquests, I am considering if appropriate amendments to the law can be made to require to make special provision for jury selection in this instance. I reassure the families and the sponsoring Senators that this work will be completed as quickly as possible so as to ensure there is no delay to the inquests

As my colleague outlined, Senator McDowell, during his period as Minister for Justice, Equality and Law Reform, published the Coroners Bill 2007, which, among other things, proposed changes to the operation of juries at inquests. I assure Senators and the House that I will give his proposals, as well as those in the Bill before us, full consideration as we try to find a resolution that will allow the Stardust inquests to proceed in a fair way.

When he directed the new Stardust inquests, the then Attorney General did so in line with the current coronial law under the Coroners Act 1962. Section 43 of that Act prescribes the method of jury selection for an inquest. As has been stated, there is no legal basis to summon one. In practice, juries are not empanelled for many inquests. However, I do understand the Dublin coroner considers it to be necessary in the Stardust inquests and I will not stand in her way. I want to make that clear this evening. It is important to understand the function of a jury at an inquest is significantly different from that of a jury in a civil or criminal trial. No matters of liability or exoneration may be pronounced either by the jury or the coroner at an inquest, but I do understand the significance and importance in this instance and the reason that Members and the families who are here wish for it to apply.

As I stated, the Government will not oppose the Bill, although, as outlined, there are technical difficulties with it. There are implications for a number of other Acts. We are considering the Bill and others. We want to make sure we can progress as quickly as possible.

As I stated, if the coroner decides, as she has, that a jury is necessary, I will not prevent that from happening. What I will do, as I have tried to do throughout this entire process and in the past year and a half, is to work with Senators and the families to support them at every stage possible. I assure them it will not be the case that nothing happens after this evening. We will work speedily to make sure we can resolve this matter. I again assure the families that I will work with them and make sure everything we do can to support them, and the coroner in her work, is done as quickly as possible.