Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I have listened carefully to the points raised by Deputies Ó Laoghaire, Broughan, Gino Kenny and Smyth. I have already mentioned the independence of the criminal justice bodies that are engaged in various aspects of the O'Farrell case. It is critical that I make it clear that legal difficulties may arise in seeking to look at actions by the courts, which are independent under the Constitution, the Office of the Director of Public Prosecution and GSOC, both of which are independent under law. We must have regard to the constitutional separation of powers where the courts are concerned. Where the DPP is concerned, the law is designed to prevent inappropriate interference with the office, particularly in cases where prosecutorial decisions are concerned. Therefore, any inquiry must at all times respect these boundaries.

I have initiated a scoping exercise to examine the various matters. This is a reasonable and responsible approach to take. There are various precedents of scoping exercises being carried out prior to the setting up of inquiries or tribunals. It is good governance to allow a scoping exercise by a legal expert to determine the net issues that might require further examination. Indeed, the exercise on the part of Judge Haughton will also be charged with responsibility for reviewing changes that have already been made to the law, practices and procedures in respect of the administration of bail and bench warrants and the extent to which those changes have or have not addressed gaps in the systems since the death of Shane O'Farrell.

I am acutely conscious that at the heart of this tragedy is a family in pain. I am very much aware that this family is searching for answers. Its members have the sympathy and support of the Government and everyone else in this House. Once again, I want to extend my sincere condolences to the O'Farrell family and assure the House, including all of the Deputies who have raised the issue today, that a process is firmly in place to examine how best to give effect to the Dáil motion that was passed.

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