Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I again extend my condolences to the O'Farrell family on their loss. There has been a GSOC investigation into the case and the independent review mechanism, IRM, believed there should not be a further investigation. However, subsequent to that, the Dáil passed a motion which led to Mr. Justice Haughton's review. I am told that he met several times with the O'Farrell family to discuss the terms of reference and to seek their views. Following this engagement with the family, the Minister for Justice and Equality received a proposal for some changes in the terms of reference for the scoping exercise. This necessitated further consultation with the Attorney General. Subsequent legal advices have been provided, which, in particular, emphasised the requirement to abide by the jurisprudence set down in the Shatter v.Guerin judgment. I am sure Deputies will appreciate the importance of ensuring scoping exercises are framed and conducted in accordance with that judgment, which requires due process and fair hearing for all involved. The terms of reference are now being finalised and the Department wrote to the judge on 23 September to ask him to begin the scoping exercise and to make an initial report to the Minister by mid-November. We regret the time it has taken but Deputies will be aware of the new legal landscape within which all of us in this House must operate on foot of the Shatter v. Guerin judgment. Mr. Justice Haughton is free to make any recommendations he sees fit, including the establishment of any of the various forms of statutory or non-statutory inquiry, including a commission of investigation.

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