'It's time to move on," was a comment made to one of the Stardust victims by an unknown passer-by at the gathering on the site of the disaster last Tuesday evening. The crass remark was just the latest in a long line of wretched dismissals endured by those whose lives were ripped apart on February 14th, 1981, writes Mary Raftery.
It is difficult to avoid the conclusion that the view of that passer-by is shared by official Ireland. It remains to be seen whether the rest of us will care enough to apply the necessary pressure to reopen the Stardust fire and its aftermath to scrutiny.
Last Tuesday's event on the Stardust site was not a commemoration. It was an angry protest. The business of "moving on" had been taken very seriously indeed by the owners of the Stardust, Patrick Butterly & Sons Ltd.
It emerged that of all nights, the precise 25th anniversary of the inferno was chosen as the date for the opening of a newly-refurbished pub at the location, with a drinks licence in the name Patrick Butterly & Sons Ltd.
As we have been usefully reminded during the week, the tribunal of inquiry into the Stardust fire found that the owner Eamon Butterly had acted with "reckless disregard" for the safety of those on the premises. The locked fire exits, the breaching of fire regulations, the failure to comply with public safety bylaws were all clearly catalogued by that tribunal.
The State was also held to be negligent. Insufficient action had been taken when it was discovered that regulations were being flouted, particularly those relating to fire exits.
There were serious errors and omissions in the conversion of the building, together with breaches of requirements of the chief fire officer, relevant bylaws and the fire protection standards of the Department of the Environment. All of this contributed to 48 deaths, according to the inquiry.
And yet, no one was held to account. The finding of the tribunal that arson was the probable cause of the fire, despite any clear evidence to support this, diverted the emphasis away from the combined negligence of the State and the Stardust owners.
It shifted the primary responsibility for the tragedy on to person or persons unknown, thus diffusing the relatives' and survivors' demands for justice.
The courts were never asked to rule on civil liability for the disaster. Hundreds of victims tried to take legal action, but the obstacles were enormous. The prohibition on class actions, long delays within the system, and mounting legal costs all conspired to make them choose instead the route of the compensation tribunal set up in 1985.
While established in good faith to assist the victims, this particular tribunal served to protect both the State and the Stardust owners from any direct court finding to determine the extent of their liability for the disaster. In choosing compensation, the victims had to agree not to pursue any further legal action in respect of their injuries or loss. They were left with little choice, and many felt that they were being paid off to shut them up and quietly close the chapter on the Stardust.
It was shocking to have it pointed out again that the loss of a child was pegged at a mere £7,500, and that in the case of the Keegan family who lost two daughters, their father John was turned down even for that.
Even when the Stardust victims attempted to raise issues of general fire safety, on which successive governments had been dragging their heels, they were ignored. In 1985, the then minister for the environment, Liam Kavanagh, told the Dáil that he could not respond to their pleas to fully implement the Stardust tribunal recommendations, saying that "I have to be sure that any correspondence between me and any member of the victims will not be used as some sort of evidence in court cases which may occur." This prompted no less a personage than Charles Haughey to shout at him: "you are a disgrace". What has been most pointed during this 25th anniversary week of the Stardust is the extent to which we as a society are again being asked to face up to our past failures. In recent years, this has happened in a number of areas, and we have shown a willingness to accept that people have been betrayed.
It may have taken too long, but victims of the 1974 Dublin and Monaghan bombings are no longer being ignored in their search for answers. Survivors of abuse as children in State institutions are similarly being listened to, as are those affected by the actions of Dr Michael Neary at Our Lady of Lourdes Hospital in Drogheda.
The Stardust victims and relatives are simply asking that this new-found openness to re-examine the past be extended to their cause.
They have ploughed years of work into a painstaking analysis of what happened that Valentine's night, and have made a compelling case that, in the interests of justice, the inquiry should be reopened. There can be no "moving on" until this happens.
mraftery@irish-times.ie