The Taoiseach's department is seeking agreement on the terms of reference for an independent assessment of the dossier presented to Government by relatives of the Stardust victims, Bertie Ahern told the Dáil.
As families of the victims prepared to hold an all-night vigil last night outside the Dáil on the 26th anniversary of the fire at the Stardust disco in Coolock, north Dublin, Mr Ahern said he had recommended an eminent legal person to carry out the assessment.
This person "was not satisfactory" to the families, who are seeking a new inquiry into what happened on the night of the fire.
Once an assessor is agreed, if the legal expert who examines the dossier "wants to look further I have no problem with that", he said.
If the families are correct in their judgment "perhaps a full inquiry would be required. If they are wrong, the original report would stand," he said of the report of the tribunal of inquiry in the aftermath of the tragedy in which 48 people died and 200 others were injured.
However, Mr Ahern told Labour leader Pat Rabbitte that while he was not in a position to judge, "the expert opinion is that there is nothing new in what was presented by the families. There is a different interpretation of events and specialists are examining it." Mr Rabbitte said that relatives had expected a response from the Taoiseach before Christmas about the terms of reference for an independent, external examination. This had not been forthcoming. "I do not know what is the hold-up and I do not know what kind of inquiry is proposed."
Mr Ahern said he had recommended an expert assessor who had conducted a considerable number of other examinations and investigations and had a good knowledge of the area and the circumstances, but the families were not satisfied.
"I do not wish to publish terms of reference to which people will object. I seek agreement so there can be closure."
Mr Ahern said that "I continue to regard that person as suitable but if that is not the case we will await other considerations and see what comes forward in that examination".
He had "tried extremely hard over the last number of years but particularly over the last year to try and bring this matter on after a quarter of a century".
He added: "These people are emotive and it is difficult. I do my best to deal with the families and have provided resources to their legal representatives."
He was hopeful following the exhumation of five victims buried together that they would be identified. He said there was "no new evidence, just a new interpretation" of what happened in the fire.
But local TD Tommy Broughan (Lab, Dublin North-East) intervened and said "that is not true".
Mr Ahern said he did not want to play politics with the issue and his officials had spoken to Mr Broughan.
The Labour TD said he was not playing politics and "it is one year later".
Mr Ahern said he was doing his best to resolve the issue.