Seán Sherlock (Cork East, Labour) | Oireachtas source

I call on the Government to adhere to and accept the overwhelming desire of this House, and of the family of Shane, for an independent public inquiry into this matter. Until such time as we have a public inquiry, which is a political decision to make, I do not believe we can have absolute confidence that justice will be served in its entirety regarding the matter of the murder of this young man. This young man, as was said by his Mam, studied law and lived and believed in the law. The justice system and the agencies of the State have failed him utterly. That is set out in correspondence to the leader of my party, Deputy Brendan Howlin.

I note there is correspondence between Deputy Brendan Howlin and the Taoiseach dated 28 January of this year whereupon the Taoiseach, in his response to Deputy Howlin, states:

I am advised that GSOC officials met with the members of the O'Farrell family on 27 September 2017 and were given an update on the current position with regard to the investigation of their complaints. I am further advised that GSOC have been reviewing a number of matters raised by the family and that they hope to conclude their review and issue their report on the investigation shortly.

If we fast-forward to the Minister's contribution today on the GSOC investigation, it is important to quote from his speech where he states:

GSOC is conscious that all parties, including gardaí under investigation, have rights and are not jeopardising the ongoing disciplinary investigation by naming individuals who have the right to be heard and offer and 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 Garda Síochána Act. It will be open then for the Garda Commissioner to consider what action, if any, he thinks appropriate under the Garda discipline regulations.

To return to the Taoiseach's response to Deputy Howlin, and I am sure the same response was issued to other Members of this House, the Minister in his contribution today stated:

On the question of a statutory inquiry into the circumstances of Shane O'Farrell's tragic death, the House will be aware that the previous Taoiseach and Tánaiste, who met with the O'Farrell family in late 2016 have stressed that they will examine whether any further action was warranted once the GSOC investigation is completed. While the criminal investigation has now concluded, there is still an investigation under way that could result in a recommendation for disciplinary action against one or more gardaí.

My core point is that, notwithstanding the outcomes of any GSOC investigation or whether any disciplinary actions take place, there is still very much a need to ensure there is an independent public inquiry into this matter. If one refers to a submission to a plenary session of the British-Irish Parliamentary Assembly, entitled Submission to the assembly regarding the circumstances of the death of Mr. Shane O'Farrell, it best articulates the litany of injustices that were done to this young man. The perpetrator was permitted to be at liberty on 2 August 2011. At that time he was in breach of bail. He faced yet more unrelated charges. The Garda failed to raise the fact that the perpetrator was in breach of bail, had suspended sentences and had been sentenced to a custodial sentence which he did not serve. The submission claims that the family were misled about the facts of their son's death. There were claims that persons chose not to answer questions put to them by judges, thereby misleading the court. It goes to the heart of the justice system. It is about justice for Shane and his family but it is also about the systemic failures that continue to exist within the Irish system. Is it a geographical issue? Does it pertain to a particular geographical location? One would have to conclude that the answer to that question is not necessarily so. I believe it is systemic right across the system.

I do not want to give empty platitudes to the O'Farrell family other than I hope they will recognise the fact that this Parliament in the majority are asking for an independent public inquiry and we want justice to be done for Shane O'Farrell, a man who was on his bike. Think about it. He was going about his business on his bike. He was a man who studied the law. He was a citizen of this country and he deserves more than he got. We owe it to his memory, to his family, his Mam, Dad and sisters, to do justice and to do right by him. I do not believe it will tax the State too much to have this. We need a proper outcome in terms of ensuring that everything is gone through in this instance.

The Minister's stated he strongly reiterated "the commitment previously given to the O'Farrell family that once the GSOC investigation is completed, the question as to whether there remain issues that require further investigation will be fully and transparently considered". I hope the Government would move now, having heard the overwhelming views of the majority of this House, towards giving some indication that a public inquiry should be held, notwithstanding the outcomes of any GSOC hearings or findings. It still needs to happen regardless of the GSOC report.

See this speech in context