Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I know the circumstances surrounding the tragic and untimely death of Shane O'Farrell of concern to all Members of this House. The case has been discussed here on many occasions, along with the subsequent investigations that have taken place into the events surrounding this dreadful accident. Shane O'Farrell was a much-loved son and brother and his death has clearly been devastating for his family to whom I once again extend my sincere condolences. The House will recall the outcome of the GSOC criminal investigation of complaints related to this tragedy. Members may not be aware that GSOC recently completed its disciplinary investigation and this has resulted in a recommendation to the Garda Commissioner that disciplinary action be taken in relation to three members of An Garda Síochána. Clearly, this is a matter for the Garda Commissioner, and the Garda Commissioner alone, and it will now take its proper course. I do not propose to comment further on that.

In June 2018, as the Deputy Smyth said, the Dáil passed a motion calling for a public inquiry into the death of Shane O'Farrell.

The motion called for the actions of the Garda, the DPP, the courts and GSOC to be examined as part of such an inquiry. As Minister for Justice and Equality, I am particularly cognisant of the independence of each of these criminal justice bodies and it is imperative that their independence be respected.

When the Dáil passed its motion, I began examining how we could give effect to the intention of the House without undermining the work of GSOC. My officials began to explore options with the Attorney General. At the earliest opportunity following the completion of the GSOC disciplinary investigation at the end of January, I appointed a respected and experienced former judge of the District Court, Judge Gerard Haughton, to carry out a scoping exercise into the circumstances of the death of Shane O'Farrell, including the criminal prosecution arising from the road traffic incident, the independent review mechanism examination of the case and the investigations by GSOC.

I met the O'Farrell family two weeks ago to outline my proposals. While family members objected to the process of a scoping exercise, they agreed to consider the proposed terms of reference and to engage with Judge Haughton on same. I thank them for that. Judge Haughton has already contacted the family to commence that important engagement.

It is open to Judge Haughton to propose changes to the terms of reference to me. Following his review, he will advise me on any remaining unanswered questions that should be the subject of further inquiry or investigation and, if so, the most appropriate manner in which that investigation might take place.

I wish to state in clear terms that the Government is not opposed to the possibility of a further inquiry into this case if that is what Judge Haughton recommends. I have not placed any restriction on him in that regard. Like my Government colleagues and everyone on this side of the House, I wish to see questions answered to the satisfaction of the O'Farrell family. We are all in agreement on that, and I say that in the presence of the Chair of the Committee on Justice and Equality, who also has an interest in this matter.

I thank the Deputies for giving me the opportunity to set out how I propose to proceed in this tragic case. I want to deal with it in such a way as to find answers to questions that have remained unanswered to date.

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