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Dáil Éireann debate -
Wednesday, 14 May 1997

Vol. 479 No. 3

Adjournment Debate. - Point Depot Tragedy.

I thank the Chair for allowing me to raise this important matter. It relates to a tragedy in the Point Depot on 11 May 1996. On that night a great tragedy struck the O'Brien family from Shanagarry in County Cork when young Bernadette was killed in a crush at a concert.

Following that sad event we were promised by the rainbow coalition Government that regulations would be drawn up which would ensure there would not be a recurrence of such a tragedy. On numerous occasions I have called for those regulations to be drawn up and at long last this afternoon I received a copy of the draft regulations. They place the onus, particularly on the promoters of concerts and on the venue owners, for the control of the events to ensure they are run in a safe fashion, but it is a voluntary code.

This approach is far too weak. The promoters must be obliged to ensure safety. A voluntary code is not sufficient to do that. It is self-evident that the regulations in existence at the time were not enforced. Teenagers with seat tickets on the balcony walked unhindered down to the dance hall area, which caused the crush that night. The problem was further compounded by the serving of alcohol to underage concert goers, who flouted the fire safety regulations by sitting on the ground around the bar area, and they were allowed to do so. It brings to mind the Stardust tragedy which could have been revisited on that tragic night.

After the Stardust tragedy the Fire Safety Act, 1981, was introduced in an attempt to prevent a recurrence of such an event. The safety and lives of our young children cannot be compromised for the profit of the promoters of such events. This Government of openness, transparency and accountability will not explain to the parents of Bernadette, who was tragically killed that night, why nobody will be charged as a consequence of her death. It is criminally negligent for anybody to allow the overcrowding which occurred at the Point Depot that fateful night. Nobody has been made accountable. On that occasion up to 90 other children were injured. I have been led to believe that this is a common occurrence at concerts at this venue.

This is a human tragedy and since it is the main obligation of any Government to protect the lives of its citizens, the least one might have expected is that an explanation would be given to the heartbroken parents of Bernadette as to why nobody will be held responsible for the death of their daughter. It gives me no pleasure to say this but everyone knows this is not the first or the last time the Rainbow Coalition behaved insensitively and without concern for the injured parties.

I call on the Government to tell the heartbroken parents of the late Bernadette O'Brien why it will not ensure the matter is fully explained and why it has not introduced legislation to protect the lives of young people at entertainment venues. Those responsible for allowing the overcrowding and the mayhem resulting from same were criminally negligent and the insensitivity of this Government in its approach to this affair is an appalling indictment of its arrogance. I call on the Minister to ensure that all the relevant information requested by the family will be made available to it or its legal representatives immediately.

I am glad to have an opportunity to respond to the issues raised by the Deputy and to draw attention to the initiatives taken by this Government to enhance public safety at concerts. The death last year of Bernadette O'Brien, which we all regret, was very sad, and both the Government and the promoters of concerts have a responsibility to ensure that such a tragedy does not occur in the future.

For that reason, in October of last year the Taoiseach asked me to take responsibility for the development of a voluntary code of practice for safety at indoor concerts. The intention was that the code would provide advice and guidance on the matters involved in the safe organisation and running of an indoor concert.

A working group has been examining this issue for some months. Comments on the issue were invited from the public, as well as promoters and technical experts. Following examination of these comments, an initial draft code of practice has been produced, and was in fact issued earlier today. The draft is available to the public — I made it available to the O'Brien family — and I have decided that a two month consultation period should be allowed to facilitate examination of the recommendations before a final document is produced.

Let me put the document in context. This code is the third in a series, two of which have already been prepared by me and published by my Department. These codes were long overdue and I started work on them immediately after taking office. These are the code of practice for safety at sports grounds and the code of practice for safety at outdoor pop concerts. The code for safety at indoor concerts reflects the general principles of safety and the organisational parameters set out in the other codes. All reflect the recommendations in the report of the Hamilton Committee on Crowd Control which were left sitting for some time before I dealt with them.

The aim of this new code is to help all involved in the organisation of indoor concerts to plan and manage events safely. The primary responsibility for safety at indoor events rests with the promoters and this document will assist them in meeting that responsibility. Indoor concerts take place in a wide variety of venues and cover a wide range of events. For that reason, the guidance is set out in broad functional terms and promoters will be expected to meet the minimum requirements while adapting the requirements to the needs of a particular event.

The parameters dealt with include event planning and management, crowd management, crowd control, the use of barriers, fire precautions and fire safety, structural matters, electrical installation, emergency medical services and communications.

The issue of crowd control is central to the safe running of these events and detailed guidelines on these subjects are contained in the code. Promoters are being advised on a wide range of matters relevant to crowd control such as maximum audience size, management of crowds through barrier systems, stewarding arrangements, etc.

A key recommendation of the code is that for reasons of comfort and safety, all seated audiences should be the preferred option at indoor concerts. Where audiences under 16 years of age are concerned, the code recommends even more strongly that these audiences should always be seated. While this initial draft code is being considered, I have asked promoters to have regard to them at any concerts held in the short-term.

Finally, I should emphasise that the code is envisaged as a voluntary one. The history of and experience with the two previous codes is that the voluntary flexible approach has worked well. I would hope promoters of indoor concerts will equally take a positive approach to this code and that the implementation of its recommendations will provide the safety the public expects and deserves. Again, I stress that this is an initial draft code and I hope the public and interested groups will react speedily.

The Minister of State did not answer the second part of my question.

It is a matter for the Garda.

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