Stardust inquest delay
Deputy Fitzpatrick pressed for justice for Stardust families and an immediate, unhindered start to the inquest. The Tánaiste said Government supports the inquests but cannot direct the coroner, and that officials are working to secure a suitable venue.
It is almost 41 years since the terrible Stardust nightclub fire in Artane in Dublin, in which 48 young people died and 214 were injured. The Stardust fire is embedded in the memories not only of the people of Dublin, but the collective memory of the nation. There was no one untouched by the fire, from Cork to Donegal, from Sligo to Louth. Everyone knew someone who was at the Stardust nightclub on that terrible Valentine’s night in 1981.
It is incredible that 41 years on from the disaster, the survivors and families are still waiting for justice to this day. They are still waiting for the opening of a fair and transparent inquest into how their loved ones died. It has been accepted that previous inquests and inquiries were flawed and left pertinent questions unanswered. The likes of John and Christine Keegan are no longer with us and will never see justice. They lost two daughters in the Stardust fire, but their daughter Antoinette, who survived the fire, continues to seek justice.
Maurice and Phyllis McHugh, who lost their only daughter, are still waiting for justice, as are so many other families that lost loved ones. It is a principle of law that justice delayed is justice denied. After a wait of 41 years, there can be no doubt that justice continues to be denied to the survivors and families that lost loved ones in the Stardust fire. One of the more recent delays relates to the State's inability to identify an appropriate setting for the inquest. In a city with a multitude of venues to choose from, such a reason for delay is difficult to accept. I am also led to believe that matters pertaining to the transparency of the process are also causing delays.
I am led to believe there was a proposal that the Garda would choose the jury for the inquest. This has been dropped after family objections. The issue that now exists is that the members of the jury will not be paid for their service. This is a major problem as the inquest is expected to last months. I am asking the Tánaiste to work with relevant Departments to identify funding to pay an inquest jury for a few months. It is the least that the State can do considering the unnecessary trauma we have put the survivors and families of the victims through.
On the night of 14 June 2017 in London, England, a horrific fire at a block of apartments killed 72 people. Within two years of that date, a coroner’s inquest had been completed, a Commons select committee hearing on the disaster was completed, the first phase of a two-phase inquiry was completed, and the second and final phase of the inquiry is under way despite delays as a result of Covid-19. All these processes have found significant culpability by public bodies, and there is little criticism of the process. Compare that to the Stardust fire inquiries here: there is no comparison. There can be little doubt that the British Government's response to the Grenfell Tower fire was respectful and delivered truth and justice. It did not shirk from seeking out those responsible. It was not compromised by uncomfortable truths. We all know that a proper and transparent inquest into the Stardust nightclub fire will reveal facts that will discomfort elements of the political establishment in this country.
When the findings are compared to previous flawed inquiries, questions will be asked, but that is no reason to deny the survivors and families of the victims justice after 40 years. This cannot continue any longer.
I am asking the Tánaiste for the sake of the survivors and families of victims of the Stardust nightclub fire, to make a commitment to the House that the inquiry into Stardust will be delayed no more. Will the Tánaiste assure both this House and the nation that the continued trauma caused to the survivors and families by delay after delay, excuse after excuse, will come to an end? Will he do all in his power to bring about a just and timely commencement of the inquiry without further delay?
Comment on this
I thank the Deputy for raising this important issue. I wish to extend once again my sympathies and condolences to the families affected by the Stardust tragedy and all who have followed this issue down the years. The decision to carry out these inquests was made by the Attorney General in the last Government, Séamus Woulfe, who acceded to the request by the families that the matter should be reopened and that inquests should be held. I led that Government at the time and very much agreed with the decision he made. That was the first time in a very long time that a Government had responded to the request by families that it be done.
We are committed as a Government to ensuring that the Stardust inquest continues in a safe and suitable environment in 2022. This might be made more simple in the coming weeks because of the easing of the public health restrictions. There are plans to secure a new venue for the inquests to be continued by the Dublin coroner when the contract on the bespoke courtroom in the RDS expires in February. The matter is actively being worked on with the assistance of the Office of Public Works, OPW, and the Government intends that the situation will be resolved as soon as possible. To date, nine pre-inquest hearings have been completed and the tenth is expected to take place on 2 February.
The Stardust fire was a national tragedy that has left a particular legacy of pain for many people in north Dublin. I sympathise greatly with the families of the 48 young people tragically killed in the fire. As the Deputy will be aware, the conduct of inquests is independent and has to be independent of the Government. It is entirely a matter for the senior Dublin coroner, Dr. Myra Cullinane. Her independence in relation to such matters is set out in the Coroners Acts and the Government cannot interfere with her work. Dr. Cullinane has begun her work and nine pre-inquest hearings have been completed to date, the ninth having taken place on 19 January, and the tenth scheduled for 2 February. The Department of Justice has also 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 support the coroner in her work.
During 2021, a bespoke courtroom was built in the RDS to facilitate the inquests. That contract will expire soon. We recognise that this is a very sensitive situation and want to assure the families that we are committed to ensuring a new venue is in place to permit the inquest to be continued by the coroner. Families can be assured that the matter is being actively worked on with the assistance of the OPW.
Comment on this
We are all here today in a political arena. It is true to say that our politics stem from humanity. Before we are politicians we are human beings. We feel love and pain, and we feel the love and pain felt by others. Today I ask the Tánaiste, as a caring man, to take a personal lead in bringing about an immediate and unhindered commencement of the inquest into the Stardust nightclub fire.
Antoinette Keegan has asked me to say that her mother, on her deathbed, pleaded with her children never to give up until a proper and fair inquest is held into how she lost her two daughters, Mary and Martina.
Antoinette said she would never give up. She believes the inquest, with compassionate commitment from the Tánaiste, will happen under his watch. The problems that currently exist are easily surmounted, including the failure to identify an appropriate and secure location for the holding of the inquest. The State has ownership of many buildings in the city that are appropriate. I ask the Tánaiste to intervene personally by working with relevant Departments to ensure the simple task of identifying the venue is carried out within the next two weeks. Finally, I am appealing with the Tánaiste, with his considerable powers and obvious humanity, to follow the process to the commencement of an inquest with a personal interest to ensure no more obstacles cause further delays, mistrust and hurt.
Comment on this
I thank the Deputy. The timing of the inquest is a matter for the senior Dublin coroner Dr. Myra Cullinane and it is not possible for Government to interfere in her work. However, it is the wish of Government that these inquests should start as soon as possible. I mentioned that pre-inquest hearings have already taken place. The OPW, which is a branch of Government, is working with the coroner to try to find a suitable location when the RDS takes that space back next month. We will work on that and I am sure it can be achieved.
On the request from Phoenix Law Solicitors to pay the jurors serving on the inquest, that would be unusual. Part of the idea behind a jury is they are a jury of your peers and not salaried or waged. However, this is an unusual situation given the inquest will go on for so long. Thus, the Minister for Justice is currently considering that and will make a response when she has a chance to do so.