Seán Sherlock (Cork East, Labour) | Oireachtas source

We have discussed this matter at length already. I do not want to repeat the points I made the last evening we discussed this issue except to say I believe the overwhelming majority of Members of this House wish to see a commission of investigation, a public inquiry or some mechanism that will allow for these matters to be investigated such that the memory of Shane O'Farrell can be honoured and that his family can seek to have justice done on foot of the failures and omissions that are so glaringly obvious. These failures and omissions have been well articulated in the GSOC report, notwithstanding the critiques of that report. It states it is absolutely necessary to ensure some sort of public intervention that seeks to consider everything inherent within this case and the litany of failures and to learn from them. The public demands it. The majority in this House demand it. I seek some assurances in the Minister's speech that the Government is moving towards that position.

The last night we were here, the Minister stated that while the criminal investigation is now concluded, there is still an investigation under way that could result in a recommendation for disciplinary action against one or more gardaí. He stated more or less the same thing tonight. I hope I am not reading too much into that. He said: "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." I hope there is some advance in the language the Minister uses in seeking to move towards a position to ensure the ultimate price Shane O'Farrell paid will not be for nothing and that we, the public, will have due process to ensure a full public hearing to make sure his family get justice.

I am not the only Member of the House in receipt of information from Mrs. O'Farrell. She outlines to us in some documentation she has furnished to us that there are some inherent contradictions between correspondence she has received from An Garda Síochána and other correspondence. For instance, a letter dated 25 June 2013, from an individual I will not name, implies the judge cancelled the application and did not estreat the bail. There appears to be a prima faciecontradiction between what is in that correspondence and what is in the GSOC report. I refer to the judge ordering the forfeiture of €500 on the date in question. This is a small but very significant example.

Nobody here is seeking to take GSOC down. We all want to believe in the work it does. It is a statutory body but it must also be subject to scrutiny. Some of us are more rhetorical than others in terms of how we proceed but we are fully entitled to question reports of this nature if we believe there are questions that need to be answered. We all fully believe at this stage that there has to be some public hearing, mechanism, public inquiry, or commission of investigation. I am hoping the Government will move towards that position but I still do not understand what test needs to be passed to arrive at that. Is it necessary that the investigations that are under way, which may result in disciplinary action against one or more gardaí, as mentioned by the Minister, be expedited before there is a public inquiry? I argue it is absolutely not. There may be wiser heads than mine thinking about that point, however. It could take a considerable time. I do not believe we have time on our side. One could still move towards a mechanism for some form of public inquiry. I feel it is necessary. The Minister might wish to address that point in his reply. What is the test that will ultimately satisfy the Government that a public inquiry is necessary?

I note the language the Minister uses: "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." I hope that language becomes stronger as time passes. I hope that in response to this debate the Minister will outline to us why such a public inquiry cannot take place at this point. Why is he saying the investigation regarding disciplinary action needs to conclude?

The litany of failures is well articulated and has been articulated by GSOC itself. The family has been very reasonable in the face of absolutely insurmountable odds. I am not sure that the best of us could cope with them. The family has done a stellar job in maintaining its dignity throughout this. I hope it can get justice. I ask the Government to listen to what the majority of the Members of this House are saying regarding the need for some sort of public inquiry to do right by the young man in question and to do right by his memory.

As I said the last night, Shane O'Farrell was on his bike, the most honest means of travel. He was travelling by his own steam, going about his business. If we are to do right by our citizens, we owe it to Shane to do right by him on this matter.

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