Denise Mitchell (Dublin Bay North, Sinn Fein)
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93. To ask the Tánaiste and Minister for Justice and Equality the reason the McCartan report into the Stardust fire failed to accept evidence from witnesses, including 35 external witnesses, despite an earlier commitment to do so; and if he will make a statement on the matter. [52394/17]

Denise Mitchell (Dublin Bay North, Sinn Fein)
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94. To ask the Tánaiste and Minister for Justice and Equality the reason the McCartan report into the Stardust fire failed to accept evidence written by witnesses that had subsequently passed away. [52395/17]

Denise Mitchell (Dublin Bay North, Sinn Fein)
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95. To ask the Tánaiste and Minister for Justice and Equality the reason the McCartan report into the Stardust fire failed to interview a person (details supplied) during the assessment. [52396/17]

Charles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 93 to 95, inclusive, together.

A motion was passed by this House 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 Stardust Relatives and Victims Committee identified (now retired) Judge Pat McCartan as an independent person who had their trust and, having been contacted by officials from my Department, Judge McCartan indicated his willingness to assist by taking on the role of assessing the evidence. The scope of the assessment process was as set out in the Dáil Motion.

The assessment process was conducted independently of Government in line with that Dáil Motion. Judge McCartan interpreted the scope of his independent process within those parameters. It was not open to me as Minister, nor my Department, to interfere with that process and direct him to hear evidence from any specific witnesses.

Judge McCartan’s assessment report was formally submitted to my Department on 17 October 2017. I brought the report to the  Cabinet meeting on 7 November 2017. The report was accepted by the Government and furnished to the Stardust Victims’ Committee immediately afterwards.

I published the report later on 7 November and also laid the report before the Houses of the Oireachtas on the same date, given that the assessment process was initiated on foot of a Dáil Motion in January. 

 I would like to express my gratitude to Judge McCartan for the work he undertook in preparing his report.  The judge was nominated by the relatives as a person they trusted and I am grateful to him for his willingness to undertake this important public service.

Having carefully considered the two previous independent reports on the Stardust tragedy and considered all material made available to him, Judge McCartan concluded that no further new enquiry is warranted.

The Stardust Fire was undoubtedly one of the greatest tragedies in the history of this country and the Government established this independent assessment process to ensure that all available evidence, including any new material that may have come to light, could be assessed as a matter of urgency. I acknowledge the terrible pain and loss of the relatives of the victims and the fact that the report does not come to the conclusion that they would have wished for.