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asked the Minister for Justice if he will give details of the tribunal to hear claims for compensation for victims of the Stardust fire announced by him at a press conference of 25 September; when the assessors will be appointed to sit with Mr. Justice Barrington; when it is expected that the tribunal will start to hear claims; and if he will make a statement on the matter.
34.
andMr. V. Brady asked the Minister for Justice if he is aware that there is a considerable amount of confusion among the victims of the Stardust tragedy and their legal advisers about the manner in which the tribunal announced by the Attorney General will operate; and if he will make a statement on the matter.
38.
asked the Minister for Justice if he is aware of the inordinate and unacceptable delay in having claims for compensation by victims of the Stardust tragedy processed through the courts; and if he will take immediate steps to have these cases dealt with immediately.
(Limerick East): I propose to answer Questions Nos. 33 and 34 with Priority Question No. 38. As announced on 25 September 1985, the Government decided to set up a tribunal to assess ex gratia compensation to victims of the Stardust disaster and their families. As stated in that announcement the Government were concerned that the agony suffered by the victims of the tragedy and their families should be brought to an end as soon as possible. In accordance with that decision the scheme of compensation for personal injuries suffered at the Stardust, Artane, on 14 February 1981 was laid before both Houses of the Oireachtas yesterday, 22 October 1985.
A notice concerning the scheme appeared in today's national newspapers which, inter alia, states that copies of the scheme and application forms are available from the office of the tribunal.
The staff of the tribunal will process applications in the first instance. The assessment of claims by the tribunal will depend on how quickly the necessary documentation is submitted and processed.
It was precisely because of the delays being experienced prior to the initiation of legal proceedings — and to be expected in the course of such proceedings — that the Government took the decision mentioned. The Deputy will, however, appreciate that it would not be open to me to intervene in any way in these proceedings. I have no doubt, however, that the question of expediting any cases that may go to court rather than to the tribunal is something that can be considered by the courts hearing them and the parties to each case.
I must complain bitterly about this situation. I tabled a question to the Taoiseach in this regard but by the use of a device my question cannot be answered. I cannot regard the reply given by the Minister for Justice on this occasion as satisfactory. Can the Minister tell us whether there is any way whereby we could have a statement from him or from the Taoiseach about this tribunal so that we might tease out various aspects of it? Is the Minister aware that many of the victims and their families are confused about the issue? They are in grave difficulty in trying to decide whether to proceed through the courts or through the tribunal. It is a matter for us to have the maximum possible disclosure of all the relevant factors in order to help these people to reach a wise decision, a decision that will be in their own best interest. I appreciate that the Minister cannot do as I ask now, but there is one point that is of much concern to these families, that is, that if they opt to go before the tribunal their own costs can be covered by the award from the tribunal but the defendants' costs in these actions will not be covered by way of awards to them by the tribunal. This could have a very serious effect on the outcome for each individual or family. What is at stake is a crucial matter. Is the Minister prepared to say that he will come before the House on some occasion and give us an opportunity to tease out the various aspects of this issue?
(Limerick East): I suggest that the matter be discussed between the Whips in order to ascertain whether any such arrangement can be made.
Questions Nos. 12 to 33 will be dealt with by way of written reply unless there is a request for their further inclusion in the draw. The remaining questions will appear on tomorrow's Order Paper.
Having regard to the many contradictory statements from the Taoiseach through spokesmen on his behalf as to why he refused to attend the Pontifical High Mass in St. Patrick's Cathedral in New York on Sunday last and having regard also to the further worsening of relations between the Taoiseach and the Irish Americans as a result of his calculated insult to Archbishop O'Connor I wish to give notice of my intention to raise this matter on the Adjournment.
Order, please, I will communicate with the Deputy.
When may we raise matters for the Adjournment?
Up to 4 p.m.
Can the Chair give a guarantee that we may raise such matters between now and then?
I cannot give any such guarantee. I can only guarantee to do my best to assist Deputies.
It seems that we are being denied a democratic right.
In view of the unsatisfactory nature of the Minister's reply to Question No. 38 and of the time allocated to it, I wish to raise the subject matter of that question on the Adjournment.
The Chair will communicate with the Deputy.
