Charles Flanagan (Laois, Fine Gael) | Oireachtas source

----- I would ask the Deputies to withdraw them. GSOC has a deserved reputation for calling it as it is, whether that involves criticism of the Garda Síochána, the Government or whoever, to suggest that it would participate in a cover up or a whitewash is deplorable and should be withdrawn.

Leaving that to one side, I will say that the failings identified by GSOC are very serious. The failings regarding follow up following breach of bail conditions is unacceptable and my Department will work closely with An Garda Síochána to ensure that appropriate systems are in place to bring such breaches to proper notice.

With regard to some, more general findings by GSOC related to victims and court proceedings, my Department is examining these with a view to improvement in these areas.

I will return briefly to the ongoing GSOC investigation. The matters which will now be investigated by GSOC are 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 re-activate a suspended sentence when the person was charged with subsequent offences prior to the date of the incident in question. This investigation should be allowed to take its course without any outside interference. Any person who is subject to investigation by an independent body is entitled to an assurance that such independence is in no way compromised. Indeed, a complainant is also entitled to the assurance that GSOC’s investigation is untainted.

On the motion itself, the most obvious thing to say is that it fails to set out any detail of what a commission of investigation would examine. Would it, for instance, examine each and every complaint made by the family of Shane O’Farrell, even though these have already been examined by GSOC and its findings on them are set out in its report? Would it examine matters after the road traffic incident? What would be the implications for the disciplinary investigation being carried out by GSOC? What would be the implications for the future of GSOC itself?

I am open minded about the prospect of a further inquiry in this case, but as Minister, I want to proceed on the basis of evidence and due process. This House established GSOC, it commenced an investigation following complaints from the O’Farrell family and my predecessor did not, and neither do I, intend to undermine either its current investigation or its role in general. What I will commit to, as I have in the past, is that when GSOC has completed its work, I will consider the question of a further inquiry and I would be happy to consult with Deputies O’Callaghan and Ó Laoghaire and other members of the Opposition at that stage.

As I said, I accept GSOC’s first report on criminal matters and I have confidence in GSOC’s ability to carry out its investigations fully and comprehensively. Therefore, I must ask whether the Members opposite have the same confidence in GSOC. What signal does it send if Members pass the resolution tabled by Fianna Fáil? That would say that we do not have confidence in GSOC. Such a statement would undermine the integrity of GSOC and its processes in the eyes of the general public, this House and of An Garda Síochána.

Others might ask what is the point of the Oireachtas establishing independent bodies to carry out very important functions if parallel structures can be set up to second-guess their findings. GSOC has been the State's response to complaints against gardaí for over a decade. There has never been a challenge to its independence or impartiality.

It is primarily for these reasons that the Government has proposed an amendment to the motion. The net impact of the amended motion is that the Government will commit itself to consider what further action may be necessary when all other investigations are completed. I assure the House that if such further action can best be advanced by a commission of investigation, the Government will take steps to do that. As Deputies will be aware, the Commissions of Investigation Act requires that this House approves the order to set up such a commission so there will be further opportunity to debate the issues before a commission could be established.

Shane O’Farrell’s mother, Ms Lucia O’Farrell, has been campaigning for some form of statutory inquiry into the circumstances of her son’s death.

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