Lawyers to lodge legal action over Stardust survivors' compensation

Survivors and family members of victims in the Garden of Remembrance in Dublin after a verdict of unlawful killing was returned

Lawyers acting on behalf of those injured in the Stardust fire have said they intend to take legal action over the Irish government's "failure" to pay compensation.

Last August, €24m (£20.5m) in compensation was agreed for the families of the 48 people who died in the 1981 nightclub fire in Artane, north Dublin.

Phoenix Law have sent a letter to the Irish justice minister outlining their intention to lodge an application for judicial review if they do not receive a response that "meaningful engagement" had begun on phase two of a redress scheme for the 200 survivors.

The Irish Department of Justice said there is no "undue delay" and work to develop proposals continues to be advanced.

Phoenix Law issued formal pre-action correspondence to the Minister for Justice, Jim O'Callaghan

Phoenix Law issued formal pre-action correspondence to the Minister for Justice, Jim O'Callaghan, on behalf of Jimmy Fitzpatrick, an injured survivor and other survivors who remain without the state compensation they were publicly promised.

The Irish government said last year that phase two of the redress scheme, dealing with the survivors, would be examined when the compensation for the families of the deceased was complete.

The justice department said the work, which includes considering compensation that was originally awarded in 1985, is due to conclude shortly.

Phoenix Law said phase two of the redress scheme "was explicitly promised to survivors following the conclusion of the Stardust Inquests in April 2024".

"This commitment was repeated in the Dáil and in written parliamentary responses, and its terms were published in The Irish Times on 21 June 2024.

"Despite the conclusion of phase one several months ago, there has been no communication, progress, or engagement with survivors regarding phase two.

"The government's failure to act has caused further distress, uncertainty, and suffering to survivors, many of whom now face deteriorating health."

Phoenix Law added: "The government's public statements created a legitimate expectation that the phase two scheme would commence promptly upon completion of phase one.

"The failure to do so is unlawful and will now be challenged by way of judicial review".

Colm Dore of Phoenix Law said: "The government made a solemn and public promise to Stardust survivors, a promise that has, yet again, been broken.

"Nearly 45 years after the fire, these individuals continue to live with the consequences of that night and the repeated failures of the state. Further delay is unconscionable and will not go unchallenged."

Jimmy Fitzpatrick suffered third degree burns, smoke inhalation, and spent a significant amount of time in intensive care after the fire

Jimmy Fitzpatrick was one of those badly injured in the fire and almost died.

He suffered third degree burns, smoke inhalation, and spent a significant amount of time in intensive care.

Now 44 years on, he is still living with the impact and has regular chest infections, and his hands are disfigured.

Like others, he received compensation back in the 1980s, but described it as "pittance".

Speaking to RTÉ he said it is frustrating, and it is important for the Irish government "to see through what they said they'd do".

Mr Fitzpatrick said he just wants the government to tie up the "loose ends".

"The survivors that were involved just want it to get wrapped up," he said.

"I want the government to follow through on what they said they were going to do and get the matter settled once and for all."

'No undue delay'

The Department of Justice, Home Affairs and Migration said in a statement: "There is no undue delay in this work given the timescale involved in completing phase one."

It added that the minister "looks forward" to bringing proposals to the government for consideration, and any "necessary arrangements that may then be required".

"Those arrangements will include the provision of additional information, including timelines, for survivors on this important matter."

What was the Stardust Fire?

An aerial view of the damage caused by the Stardust nightclub blaze

On Valentine's night in 1981, 48 young people died in a fire in the Stardust nightclub in Artane, north Dublin.

It was the largest ever fire disaster in the history of the Irish state.

The bulk of those who lost their lives were from Artane, Coolock and other parts of north Dublin, while three of the victims were from Northern Ireland.

A further 200 people were injured in the blaze and the consequences have haunted Dublin for decades.

In April 2024, an inquest found that the 48 young people had been unlawfully killed at the Stardust nightclub.

In August of that year it was agreed that the families of those who died would be awarded €24m (£20.5m) in compensation.