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Statement by Minister of State McGrath on Stardust Assessment

As a public representative for the area, I have worked for over twenty years with the Stardust Relatives and Victims Committee and other families who suffered tragic loss as a result of the horrific Stardust fire in Artane on 14th February 1981, to assist them in their efforts to find answers.

This tragic fire caused the death of 48 young people and serious injury to another 128 people, who were mostly aged between 18 and 25 and came from the local area including Artane, Kilmore, Coolock and Edenmore. The Stardust fire is one of the greatest disasters in the history of this state and is seared into the collective memories of all residents of the Northside. It had, and continues to have, a devastating impact on survivors, friends and family members of those killed and injured. I want to once again acknowledge the hurt and unbearable loss that those families are still feeling. The RTÉ programme earlier this week “After the Headlines” reminded the country how much pain and suffering the families have been through.

In negotiations on Government formation in 2016, my participation was contingent on the Stardust tragedy being included in the Programme for a Partnership Government and the following was included on page 107 of the final document.

“Full regard will be had to any new evidence which emerges which would be likely to definitely establish the cause of the fire at Stardust.”

As outlined by Minister Flanagan, Judge Pat McCartan’s report followed a motion passed by the Dáil last January, which called on the Government to establish an independent Stardust assessment to evaluate the claim of new and updated evidence presented by the Stardust Victims’ Committee relating to the Stardust tragedy.

You will already be aware that Judge Pat McCartan was chosen by the Committee as an independent person who had their trust. Judge McCartan was agreeable to taking on the role of independent assessor and was appointed by the Government on 7 March 2017.

The scope of the assessment process was governed by the Dáil Motion and was conducted by Judge McCartan completely independently of Government.

Judge McCartan commenced his work on 27 March 2017 in recognition of the urgency around this process.

Judge McCartan was provided with the discretion to afford the Committee whatever representation he believed was necessary in order for the Committee to present its evidence to the assessment process.

It was envisaged that Judge McCartan would conclude his assessment process within a 90 day period, however this period was extended by an additional four months and Minister Flanagan has already outlined the reasons for this extension.

As the Deputies are aware, Judge McCartan's Stardust Assessment represents the third assessment of evidence associated with the Stardust fire. The first assessment was the original Tribunal of Investigation chaired by Mr Justice Keane in 1981. The second assessment was an independent examination of the Committee's case for a re-opened inquiry and was carried out by Mr Paul Coffey in 2008, culminating in the production of a revised report in January 2009.

Judge McCartan had to revisit and carefully consider these earlier reports and their associated findings in order to establish if the evidence provided to him by the Committee this year could be considered new or updated evidence.

Following the consideration of these reports, together with the Committee’s submission, Judge McCartan identified 17 issues that required examination. According to the Judge, only the evidence of Ms. Brenda Kelly in relation to the 999 call could be considered as new or updated evidence. This issue does not explain the cause of the fire but rather proposes a hypothesis.

Judge McCartan’s report found: "Having considered all the material submitted by the Committee, there is no new or updated evidence disclosed in the meaning of the terms of this Assessment and no new enquiry is warranted".

I too sympathise with the Committee, and all affected families, for the loss they have suffered as a result of the Stardust tragedy. I commend the Committee for its search for answers and the support it has provided to the families concerned over a number of decades.

I fully appreciate that the Committee is very disappointed with the outcome of Judge McCartan’s report, in finding that no Commission of Investigation is warranted. I know the the full report cannot have been easy to read as I know that members of the Committee and their associates have worked extremely hard and in good faith. I have worked closely with the families over twenty years in their search for answers and I have the utmost admiration for their persistence in trying to uncover what happened to their loved ones.

The Government took priority action, following this year’s Dáil Motion, to facilitate an urgent, independent assessment process to assess the new evidence held by the Committee. The Government has fulfilled its commitment, in line with the Dáil Motion, and I sincerely regret that the outcome of the Judge’s report does not provide the answers that the Committee is looking for.

As far as I’m concerned, and as long as Government is in place, the line contained in the Programme for a Partnership regarding “any new evidence which might emerge in the future” still stands.

The Stardust Fire was undoubtedly one of the greatest tragedies in the history of this country and I once again acknowledge the terrible pain and loss of the families of the victims.