Song for Stardust

In 1985 Ireland’s greatest folk musician CHRISTY MOORE wrote a song about a nightclub fire where 48 died. It was banned but this year he was finally vindicated, writes JESSICA NÍ MHAINÍN

Folk singer Christy Moore faced legal action over a song telling the story of an Irish tragedy

CREDIT: Adam Sherwood

FOLK MUSICIAN CHRISTY Moore ~ has always had his finger on the pulse of Irish society, with many of his songs taking in political and social commentary. More than 40 years ago, one of his songs was banned. He was only fully vindicated this year.

In July 1985, just days after his album Ordinary Man was released, Moore’s record label received a legal letter. The subject of the letter was the song They Never Came Home, which was about a fire that killed 48 young people and injured over 200 in the Dublin Stardust nightclub on Valentine’s Day in 1981. Most of those who died were from working class areas of the city.

Through their solicitors, the wealthy Butterly family (who owned the nightclub) claimed that They Never Came Home was in contempt of court and would prejudice the outcome of litigation concerning over 200 compensation claims arising from the fire.

Although 12,000 copies of the album had been distributed and it was already at number one in the charts, Moore’s record label immediately went about recalling it and contacting radio stations to urge them not to play the song in case the allegation was upheld. Moore, his producer and his record label all stood to be impacted by the application to the court from Eamon Butterly, Scott’s Foods Ltd and Silver Swan Ltd (companies owned by the family, which were linked with Stardust).

The contempt case was seen urgently by the High Court on 9 August 1985. Among the arguments put forward by the Butterly family was that it was inaccurate to state, as the song did, that “the fire exits were chained”. They also said it was inaccurate to state that “no one” could tell how the fire started, because a previous investigation had found the likely cause to have been arson. That finding was strongly disputed by the families at the time and for many years afterwards.

An affidavit from Moore was read to the court stating that the subject of the song was, in his opinion, a matter of public and social concern. Many of those affected by the fire came out to support him.

Nonetheless, the judge found that the song was in contempt of court. Costs were awarded against Moore and, in total, the legal action ended up costing him and his team the equivalent of 100,000 Irish punt, estimated to be around €300,000 ($335,000) in today’s money. The song could no longer be promoted, distributed or sold in shops in Ireland. They Never Came Home had effectively been banned.

After a long campaign by the families, an inquest into the Stardust tragedy was finally opened in April 2023. After hearing testimony from over 370 witnesses, including former nightclub staff, emergency responders, survivors and fire experts, the jury returned their verdict earlier this year.

Not only were the fire exits found to have been chained shut, but the fire was deemed to have been started by an electrical fault, likely owing to the system having been overloaded. The Stardust fire is often described as the greatest tragedy in the history of the Irish State.

They Never Came Home

By CHRISTY MOORE

St Valentine’s Day comes around once a year, All our thoughts turn to love as the time it draws near, Sweethearts and darlings, husbands and wives, Pledge love and devotion for the rest of their lives. As day turns to evening soon night-time does fall, Young people prepare for the Valentine’s Ball, As the night rings with laughter some families mourn The 48 children who never came home.

Down to the Stardust they made their way The bouncers stood back as they lined up to pay Records are spinning there was dancing as well Just how the fire started no one can tell. In a matter of seconds confusion did reign The room was in darkness fire exits were chained The firefighters wept, they could not hide, Their sorrow and anger for those still inside.

Have we forgotten the suffering and pain the survivors and victims of the fire in Artane, the mothers and fathers forever to mourn the 48 children who never came home.

All around the city the bad news it spread There’s a fire in the Stardust there’s 48 dead Hundreds of Boys and Girls injured and maimed All because the fire exits were chained. Our leaders were shocked, grim statements were made They shed tears in the graveyard as the coffins were laid The injured were abandoned year after year Seems like our leaders shed crocodile tears.

Millions paid out on legal fees,

A fortune paid over to Butterly

In Poppintree, Coolock, Bonnybrook and Artane

Families abandoned time and again

Days turn to weeks, weeks turn to years

Our laws favour the rich or so it appears

A woman still waits for her kids to come home

Injustice breeds anger and that’s what’s been done.

Have we forgotten the suffering and pain the survivors and victims of the fire in Artane, the mothers and fathers forever to mourn the 48 children who never came home.

As he approaches his 80th birthday and continues to captivate audiences with his energy and emotive music, Moore gave an exclusive interview to Index, explaining what prompted him to write the song, what he remembers about the legal challenge and what he seeks to change using his music.

INDEX You have said that you write songs about things that affect you, and you are widely known for your social commentary. Where does that comes from?

CHRISTY MOORE I became aware of social injustice at an early age. Both our parents were active in local politics. A lot of my repertoire comes from other writers. My own songs come from what I see and hear around me. I began singing songs of The Clancy Brothers, then I began to look into old books of song collections. In my 20s I heard the songs of Woody Guthrie and Ewan MacColl, which opened me up to the possibility of writing new songs myself... 60 years on I’m still gathering, writing, singing.

INDEX In 1981 the Stardust fire happened. I understand the idea for the song came to you the day after the tragedy, when you heard a mother speaking about her children who had died. Did you foresee what the song would come to mean to the victims and their families? Did you personally know of anyone who was affected?

CHRISTY MOORE Over the past 40 years I have befriended many family members from the Stardust collective. I did not know any of the Stardust victims or their families prior to 14 February 1981. I had no notion how the song might be perceived. [The fact] that the families embraced the song so wholeheartedly meant a lot to me.

INDEX What do you remember about that day you got the legal letter? Had you imagined that you could have faced legal action as a result of the song?

CHRISTY MOORE Two outstanding memories of the day: Judge Murphy displayed distaste towards me and to my work... he quoted lyrics from other songs in his summary. My strongest memory is the support I received [from] a large number of Stardust victims who attended the court case to support me.

INDEX One of the lines that was subject to the legal challenge was “hundreds of children are injured and maimed and all just because the fire exits were chained” — and earlier this year, the inquest returned a verdict showing that line to have been completely accurate. How did you feel when you heard that verdict?

CHRISTY MOORE I was overjoyed for the families when I heard the verdict. For 43 years they have struggled to gain justice for the 48. Along the way they were knocked back by two judges, numerous Taoisigh, ministers and deputies who looked the other way but they never gave up.....

INDEX The other line in the song that was subject to the legal challenge was “just how the fire started, sure no one can tell”. It seemed to question, or even go against, what the authorities were saying at the time, which is that the fire had been started maliciously. Why did you decide to put in that line? Did you have a sense that the authorities were wrong?

CHRISTY MOORE It’s been over 40 years since I wrote the song. I’ve sung it around the world more than a thousand times. Songs shift and vary across time. All I recall from the writing is a sense of anger and frustration that prevailed. I remember being in Kerry when I felt the lyric was complete. I recorded it in Artane [the Dublin suburb where the nightclub had been].

INDEX “Our laws favoured the rich - or so it appears,” goes one of the lyrics in the song. Did the success of the subsequent legal action further convince you of that fact?

CHRISTY MOORE Our laws still favour the rich. I don’t really see [the legal action] as a “success” but more of an admission of guilt from those who control the “system”.

INDEX Human rights seems to be a theme throughout your music, given that so many of your songs advocate for those who have been mistreated or forgotten. What do you set out to change with your music?

CHRISTY MOORE Dick Gaughan, the Scottish singer, claims that all of his songs are love songs. I feel the same way about my own songs. I don’t set out to change anything apart from myself.