2026-01-27

152. Deputy Barry Heneghan asked the Minister for Justice, Home Affairs and Migration the current stage reached in the assessment of phase 2 of the Stardust redress scheme relating to survivors of the fire; the remaining steps required to complete that assessment; the indicative timeline for bringing proposals to the Government for consideration; the nature of the redress proposals under development, including the reference points being used; the expected timeline for the commencement of payments following Government approval; the engagement undertaken to date with survivors and their representatives, including a person (details supplied); and if he will make a statement on the matter. [6209/26]

Anocht, ba mhaith liom ceist a chur ar an Aire on phase 2 of the Stardust redress scheme for survivors. This is an ongoing saga between the Department of justice and survivors who have waited more than 40 years for justice. Will the Minister please outline the current stage of the phase 2 assessment, the remaining steps, when the proposal will go to Cabinet and what form of redress the survivors can expect? When will the payments begin?

I am very conscious, and the Deputy will be very conscious, that we are approaching the 45th anniversary of the Stardust tragedy. It was an extraordinarily traumatic event for the people in the Deputy’s constituency. He was not alive at the time but it was an extraordinarily traumatic event. The previous Government did a very good job in seeking to resolve and to address the ongoing pain that had existed for 40 years. There was the State apology. In 2024, as the Deputy will be aware, the Government approved a two-phase approach to redress arrangements. Phase 1 has been completed. It was in respect of the individuals who died in the Stardust and there was an ex gratia redress scheme for the families of the 48 victims of the fire. That has concluded. The next phase seeks to deal with the individuals who were in the fire and who were injured. We have some data on that because of the Stardust Victims Compensation Tribunal, which was established in 1985. We know the number of persons who went to that tribunal. It is in the region of 825. I am finalising proposals in the Department in respect of phase 2. In preparing proposals for my consideration and final approval, the guiding principles that informed phase 1 are just as important for phase 2. Given the passage of time, it is of the upmost importance that in developing an approach, we prevent further trauma for applicants and minimise any pain they may suffer from it. I do not want this to be a litigious process. I do not want it to place any extra burden on the individuals involved. I want a simple scheme whereby the people who were in the fire on the night and were injured can receive a payment in recognition of the fact that this process has dragged on for so long. It will not be a recompensation payment for the injuries they suffered - that was already effected by the tribunal – but it is a payment in giving recognition for what has happened in recent years.

I welcome phase 1 and the work done by the previous Government. It is now on to this Government and the Minister’s Department. The core issue is that the commitment made to survivors has not been honoured, in their opinion. I know from speaking to some of the survivors in my constituency that people were told that phase 2 was progressing and that proposals were imminent. However, the engagement has not been continuing with the solicitors involved. Can the Minister explain exactly what is delaying the process? Is it legal advice or costings, is it internal departmental approvals, or is it a decision we need to push for? Why is the Department not communicating with the solicitors? The lack of engagement is deeply concerning. I visited some of the houses, including Antoinette Keegan’s house. She welcomed me in. I know that losing her family members still haunts her today. It is something she has fought for her whole life. Will the Minister give a commitment that there will be engagement with the survivors’ legal team?

I give the Deputy a commitment that I am going to bring proposals to the Government in the near future. I am finalising them within the Department. I want to get them right. Obviously I want to discuss them with the Taoiseach and the Tánaiste in advance of bringing them to the Government. That is something I will do in the next short period of time. I do not want to give the Deputy a date and then it is not satisfied. This is not a case of phase 2 being forgotten about; that is not the issue. However, one thing I do not want to happen is for phase 2 to turn into a litigious process that requires the presence of solicitors. I want a system whereby those who were injured can apply for what will be an agreed amount of recognition payment that the State will pay in respect of what happened and the delay in establishing the truth of what occurred in the Stardust. I will not put people through another tribunal or another compensation process. I do not want it to be litigious. I do not think lawyers need to be involved in it. When the proposal that I am putting forward comes, I think it will be a very simple one and will not require legal advice in order for the people to avail of the benefits of it.

I welcome that. I understand phase 2 is not just about redress; it is practical and financial and long overdue. I appreciate that the Minister cannot give a specific timeline but I welcome that he will bring forward proposals on this. The survivors and their families were looking for a timeframe for when the payments will commence and what will be developed. I again thank Antoinette Keegan for working with me and my office and for speaking to me in her home. I saw at first hand how it still haunts her to this day. She told me the story of being beside her two sisters when they were killed. All she wants is truth and justice. As the Minister mentioned, we are approaching the 45th anniversary. The memory has never gone away for the survivors.

I agree with the Deputy. I think the inquest was beneficial and therapeutic for the survivors. I think they were satisfied with the process that the State belatedly put in place by way of the inquest, which was important. There is no attempt on the part of the Government to move away from the decision that was previously made. Phase 2 will occur; I just want to get the proposals right. I want to discuss it with others. All I can say to the Deputy is that it is something that will happen in the near future. I repeat that I do not want, and I know the Deputy does not want, for people who were injured in the Stardust to be put through some form of new litigious process that requires an adversarial or inquisitorial process. I want a much simpler scheme that is a recognition payment, not a compensation payment for their injuries. It is a recognition payment because of the delay in the State facing up to its duties in terms of determining the outcome of what occurred.