Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I understand it is being circulated. This is normal professional conduct and there were sufficient counsel on the panel to ensure the practicality of this. Whatever steps were necessary in this regard and in relation to this complaint were taken to ensure there was no conflict of interest. This has been explained to the family, to their solicitor and to this House in reply to a number of parliamentary questions.

As mentioned, a number of complaints were made to GSOC by the O'Farrell family and my predecessor, Mr. Alan Shatter, also referred certain matters relating to the case to GSOC. The investigation on the part of GSOC involved consideration of all complaints made to it, that is, a total of 56 complaints made by the family and matters referred to GSOC by the former Minister, Mr. Shatter. In April of this year, GSOC issued its first report on the case to me and provided a copy to the O'Farrell family. The first report considered the case from a criminal perspective. Each allegation was examined to determine if any conduct by the gardaí could constitute an offence.

The primary complaints considered by GSOC were alleged failures by the gardaí relating to the fact that the person who caused the accident had breached bail conditions in the months before the accident, alleged failure to check tax and other matters when the car which was involved in the collision with Shane O'Farrell's bicycle was stopped shortly before the collision, and alleged failure to bring charges against a person for withholding information about the accident and alleged failure to keep the O'Farrell family informed of certain matters.

GSOC found that there were no grounds for criminal proceedings against any garda. However, it identified conduct that may lead to disciplinary proceedings. It immediately began a report on the disciplinary issues that this case gives rise to under the Garda disciplinary code. The current GSOC investigation is examining an alleged failure to check tax and other matters related to the car and the owner of the car involved in the collision and an alleged failure to bring bail conditions to the attention of the court or to reactivate a suspended sentence when the person was charged with subsequent offences prior to the date of the collision.

This work is ongoing and, given the lengthy and detailed investigation to date, I expect that report to be completed without delay. The findings of GSOC's report on disciplinary matters may be quite serious and I urge colleagues in this House to be mindful of the importance of allowing GSOC to determine whether any gardaí may be guilty of a breach of discipline and to be careful not to interfere with that process. Indeed, I am sure Members of the House have read the statement issued by GSOC last night.

This statement clarifies that the investigation into complaints made to GSOC by the family of the late Shane O'Farrell is, in fact, ongoing. The report provided to the O'Farrell family was pursuant to section 103 of the Garda Síochána Act 2005 by way of an update at the completion of one phase of the investigative process.

GSOC is conscious that all parties, including gardaí under investigation, have rights and is not jeopardising the ongoing disciplinary investigation by naming persons who have the right to be heard and offer an explanation for the conduct under investigation. When the investigation is completed, a report will be forwarded to the Garda Commissioner under section 97 of the 2005 Act. It will be open then to the acting Garda Commissioner to consider what action, if any, he thinks appropriate under the Garda disciplinary regulations.

GSOC is the independent authority established by statute to investigate allegations of wrongdoing or failings by members of the Garda. Its independence is its guarantee to members of the public, and, indeed, to members of the Garda who are the subject of complaint, that any and all complaints will be investigated properly and thoroughly and with due regard to the rights of all those involved.

On the matter of its first report, my understanding is that GSOC did not immediately publish that report, so as not to cause further undue distress to the O'Farrell family. It is important, however, that the report is published and that there is transparency in this case on matters which are concerning not just to the O'Farrell family but to many in this House and beyond. It is my understanding that GSOC intends to publish that report today.

The House may find it useful to know that the GSOC report made a number of more general recommendations which I would like to set out here. It stated that attendance in court for victims, especially in cases involving fatalities and serious assaults, can be particularly traumatic. This can be exacerbated by the fact that there is no clear listing system, especially for the District Court, available to the public. Furthermore, cases are often taken out of turn and new cases are added, which further extends the waiting time. GSOC has drawn attention to the inability to hear clearly in the courtroom which can obviously be frustrating.

With regard to victims, the report states that victims can miss all or part of court applications because they are not informed that a case is to be dealt with while they are outside the courtroom or engaged in consultation. It states that victims should be provided with appropriate information about a case and given it in a timely fashion. Finally, it states that better communications between the courts, the Garda and Prison Service might prevent significant issues being overlooked or missed, such as bail conditions that may have been breached.

I thank GSOC for these findings. I have asked my officials to examine them to determine what action I, as Minister, may take to address these issues. On the question of a statutory inquiry into the circumstances of the tragic death of Shane O'Farrell, the House will be aware that the previous Taoiseach and Tánaiste, who met the O'Farrell family in the latter part of 2016, stressed that they would examine whether any further action was warranted once the GSOC investigation is completed.

I am almost concluded and I would ask the Leas-Cheann Comhairle to allow me a further 30 seconds.

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