Denise Mitchell (Dublin Bay North, Sinn Fein)
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130. To ask the Minister for Justice and Equality if the terms of reference have been developed within the remit of the recent Dáil Éireann motion on the Stardust fire; the process involved in developing the terms of reference; the source from which input was gathered into the development of the terms of reference; if there is a timeframe proposed into establishing a commission of investigation; and if she will make a statement on the matter. [11968/17]

Denise Mitchell (Dublin Bay North, Sinn Fein)
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131. To ask the Minister for Justice and Equality if she met with the families of the victims of the Stardust fire in respect of progressing the content of the recent motion passed by Dáil Éireann regarding the Stardust fire; if the families had input into the development of terms of reference in respect of commitments in the motion; if not, if families will be given an opportunity to have input into the development of terms of reference; and if she will make a statement on the matter. [11969/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 130 and 131 together.

The 'Programme for a Partnership Government' committed the Government to have full regard to "...any new evidence which emerges which would be likely to definitively establish the cause of the fire at Stardust".

During 2016, there was extensive correspondence between the Stardust Relatives and Victims Committee (‘the Committee’) and the nominated official of the Department of Justice and Equality in order to establish whether any new evidence existed which would be likely to definitively establish the cause of the fire at Stardust, without being able to reach an agreed position.

A motion was subsequently passed by Dáil Éireann on 26th January 2017 which called 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."

The Committee identified (now retired) Judge Pat McCartan as an independent person who has their trust and as a result, officials from my Department contacted Judge McCartan to ascertain his interest or otherwise in taking on the role of assessing the new evidence. Judge McCartan expressed a desire to assist by taking on this role and he was appointed by the Government today to assess the evidence and make a recommendation with a view to recommending whether, in the circumstances, the evidence identified is sufficient to warrant establishing a Commission of Investigation into the Stardust Tragedy of 1981.

This initial assessment process is governed by the Dáil Motion. Terms of Reference will only apply if and when Judge McCartan recommends that a Commission of Investigation is warranted, so it is premature to discuss them at this stage. Officials from my Department are in regular contact with the Committee and have met them on a number of occasions to update them on the process and a further meeting is planned. Their views will be taken into account as far as possible if a Commission of Investigation is to be established and Terms of Reference are to be drawn up.

While I have offered to meet with the Committee, they have indicated a preference not to do so at this time. However, the offer of a meeting still stands and will be facilitated, should the Committee express a desire to meet.