Stardust survivors highlight unjust flat payment system after nearly 100 people paid

Survivors have pointed to the injustice of a flat payment system, arguing that those who attended but escaped unhurt will receive the same amount as those who received life-altering injuries. File picture

Almost 100 people have so far received payments under a State scheme for survivors of the Stardust nightclub tragedy.

More than 450 people have applied to the Stardust Recognition Payment Scheme since it opened in February of this year, with applications being accepted until the August 17.

However, justice minister Jim O'Callaghan has been urged to review the scheme, which awards €20,000 to those who were at the venue on the night of the devastating fire, in recognition of "delays in providing truth and justice".

Survivors have pointed to the injustice of a flat payment system, arguing that those who attended but escaped unhurt will receive the same amount as those who received life-altering injuries.

A judicial review of the scheme is now being sought by one survivor.

Providing an update on the scheme, Mr O'Callaghan said: "The scheme is available to all survivor beneficiaries of the original Stardust Victims Compensation Tribunal established in 1985."

He confirmed that as of July 14, some 94 applications had been concluded and authorised for payments, adding that "further applications are proceeding towards final validation, and it is expected that this number will increase in the coming weeks".

"Completed applications are reviewed by the Stardust Recognition Payment Unit for completeness. In making an application, applicants consent to providing any relevant information requested by the Stardust Recognition Payment Unit that is required to validate their application. 

"Once all criteria are met, the applicant is then contacted to finalise arrangements and information for payment," he said.

Stardust survivor Jimmy Fitzpatrick

It comes as the High Court last week heard that one of the survivors was left "aghast" after hearing that the Government intends to offer just €20,000 compensation to those injured in the disaster.

Lawyers for Jimmy Fitzpatrick, who was 16 at the time of the fire, told the court the decision came "out of the blue" following their client's 40 years of campaigning for justice.

Ms Justice Mary Rose Gearty granted leave to Mr Fitzpatrick to seek a judicial review of the payment scheme.

In 2023, Mr Fitzpatrick told the official inquiry into the disaster that he spent nearly four months in hospital having suffered 'catastrophic' and 'life-changing' third-degree burns to his arms, back, neck, shoulders and face.

Mr Fitzpatrick's lawyers said the scheme was being introduced "without any engagement or consultation" with survivors.

It is submitted that this decision "abandoned the promise of the second 'exceptionality' phase and imposed a new eligibility criterion, based solely on the 1985 Tribunal participation, which many survivors then regarded as exclusionary and procedurally unsuitable".

Ms Justice Gearty heard that the decision came "out of the blue, to say the least" and left his client "aghast".

He is seeking a High Court order directing the minister to reconsider the second phase of the payment programme through "meaningful engagement with survivors and their representatives and to publish a consultation framework and timelines, a draft scheme of parameters for 'exceptionality' and a lawful eligibility criteria for redress, not based solely upon participation in the 1985 tribunal".