John McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

Deputy Eugene Murphy is beside me on these benches and, with others in this House, we have joined together to highlight the case of Shane O'Farrell, a 23 year old law student who was murdered on a road close to his home. His mother Lucia, father Jim and his family have continued to lobby for an independent public inquiry. In June of last year, this House endorsed their wishes and democratically came to the view that an independent public inquiry was necessary. The Seanad did the same the following February. Then negotiations opened in terms of the appointment of Judge Haughton. The Minister allowed the family to discuss the terms of reference with Judge Haughton and they had their input into it. The family members were encouraged by that and felt, with their additions and amendments to the terms of reference given by the Department, that the terms of reference were adequate to cover an investigation into the night of that event, the previous charges brought against the driver of the car, the conduct of the Garda, the conduct of the courts, the conduct of the Office of the Director of Public Prosecutions, DPP, and so on. Then their hopes were dashed. All of the suggestions made to improve the terms of reference have been rejected by the Minister's Department. I find that very difficult to take, given the fact that all of the evidence in respect of this has been collected, dated and put in perfect order by Lucia O'Farrell in the interest of uncovering what happened her son Shane and in the interest of justice and protecting their right to have a public inquiry, which is supported democratically by the wishes of the majority in this House.

The Minister and his Department are about to embark upon an inquiry that will not answer the questions that are relevant to the full inquiry that Lucia O'Farrell is asking for. Will the Minister re-examine the submission made by Judge Haughton? Will he re-examine the submission made by Lucia O'Farrell? Will he expand the terms of reference to include all of the issues that are of public concern contained in this case where Shane O'Farrell died? If he does not, he will be ignoring the democratic wishes of this House. I feel that if he refuses to change the terms of reference, he should bring the terms of reference that he is suggesting back into this House so that we can debate them and suggest amendments where we feel the issue is not being addressed. If the Minister has respect for Shane O'Farrell's family and respect for this House and its wishes, surely he must feel obliged to bring the terms of reference back for a fuller debate. In answering the call for an independent public inquiry and having the terms of reference expanded, it will shine light on the system that needs to be reformed and corrected if we are not going to have another case similar to that of Shane O'Farrell and all of what happened to him and his family in the course of the investigation of that death.

See this speech in context