A scheme to compensate more than 800 survivors of the 1981 Stardust fire, which will see each person get €20,000, has been described as “absolutely horrendous” and a “fisaco”.
Lawyers acting for survivors of the north Dublin nightclub inferno in which 48 young people died, say the survivors have been treated with “contempt” by the Department of Justice as promises made to them have been “reneged on”.
An inquest in 2024 returned a verdict of “unlawful killing” in respect of all 48 who died.
In a statement on Tuesday, Minister for Justice Jim O’Callaghan said he was “very conscious” the 45th anniversary of the tragedy was “imminent” as he announced a scheme of ex gratia recognition payments to survivors injured in the blaze.
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“This will fulfil the Government’s commitment to implement a two-phased approach to Stardust redress.”
A prominent survivor of the disaster, Jimmy Fitzpatrick said however, he was “very annoyed” to have heard news of the scheme from The Irish Times rather than from the department or his legal representative.
Fitzpatrick, who sustained almost complete third degree burns over his entire body and lost fingers in the blaze, said he and survivors were promised the most seriously injured and traumatised survivors would be treated “exceptionally” by the scheme.
“This is a one-size fits all. They hadn’t the courtesy to contact us themselves. I should have heard this from my solicitor. I shouldn’t have to be hearing this from the press. They say this is finalised, Well it’s not it’s finalised in my head.”
He said the department had promised meaningful engagement. “This is a promise that’s broke. They can’t just change the goalpost ... They have watered it down.”
In October last year Belfast-based solicitor Darragh Mackin of Phoenix Law, acting for Stardust survivors, notified the department of their intention to launch legal proceedings over the Government’s “failure” to pay compensation and engage meaningfully with the survivors.
The firm issued formal pre-action correspondence on behalf of Fitzpatrick, an injured survivor and other survivors who remained without the State compensation they were publicly promised.
Asked for his response to Tuesday’s announcement, Mackin said he had heard of it from media.
“This is absolutely horrendous. The previous Government promised this [compensation to survivors] would be done in two phases, with the most seriously injured treated separately. That commitment has been broken.
“We were promised survivors would be consulted before the finalisation of the process. That has been reneged upon.”
He said survivors had not been consulted. “They have been treated with nothing but contempt. This is a fiasco,” he said.
O’Callaghan said the scheme came as the second phase of compensation, following compensation to the families of the young people and children killed in the fire, concluded last year.
“Phase two, which I am announcing today, will provide for ex gratia recognition to all survivor beneficiaries of the original Stardust victims compensation tribunal.”
A total of 823 people who were present on the night of the disaster, in the early hours of 14th February 1981, received compensation at the original compensation tribunal in 1985.
Only these individuals will be entitled to compensation.
O’Callaghan said he was “determined” the process would be implemented as simply as possible.
“It will not place a significant burden of proof on survivors, or be overly bureaucratic, and it will be accessible without legal assistance.
“It is not intended to constitute ‘compensation’ for the injuries and trauma sustained by those who survived the fire, as that was the scope of the original tribunal, but instead, what is proposed is a payment which recognises the delays in providing truth and justice.
“Given the passage of time, it is also of the utmost importance that the proposal does not give rise to any further trauma for applicants. My department will now prepare arrangements for the implementation of this scheme. Full details, including the simplified applications process, will be available shortly.”
The applications process will be open for six months, and those eligible applicants will be paid as soon as possible, the department said.
Full details of this initiative – including the simplified applications process “will be published as soon as possible”, by the department.
