Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the input of Deputy McGuinness in this sad and tragic case. I thank him for allowing me the opportunity to update the House on developments. I want to make it very clear that there is no conspiracy here. There is no cover-up here. I want to uncover the truth and the facts as much as any other Deputy in this House. That is why I am pleased to have the opportunity to clarify a number of issues that have arisen in the public domain. First, as I have said in reply to parliamentary questions and other fora, the terms of reference of the scoping exercise being conducted by Judge Gerard Haughton have been finalised. While the terms of reference for the scoping exercise are focused, they allow for review of the issues intended. I want to assure the Deputy that there is no intention on my part to limit in any way or curtail the scoping exercise. Second, as Judge Haughton has been asked to make an initial report by mid-November, I am expecting to receive that interim report in the very near future. I expect that Judge Haughton will, in that interim report, set out for me the expected timeframe for completion of the scoping exercise he has been charged with. I want to be very clear that Judge Gerard Haughton, a man of integrity and honour who has been on court benches for many decades, is independent of me and is free, as I said to him at the outset and as I confirmed by way of parliamentary question. I make it clear to Deputy McGuinness again now that Judge Gerard Haughton is free to make any recommendation he deems fit, including the setting up of any form of statutory or non-statutory inquiry or investigation. Indeed, should Judge Haughton recommend an inquiry of whatever type, I have asked him to provide draft terms of reference for such an inquiry in order to ensure that there is no element of greater delay involved here. I hope those points clarify any concern or confusion which may have arisen.

I want briefly to address the question of the terms of reference of Judge Haughton's scoping exercise in some detail. As the Deputy will appreciate, in establishing the scoping exercise itself and in determining its terms of reference, I have been guided by legal advice from the Attorney General. In advance of finalising the terms of reference, the most recent advice available to me and my Department recommended more focused and specific terms of reference to take account of the Supreme Court's decision in the case of Shatter v.Guerin, a judgment with which Deputy McGuinness will be particularly familiar. Notwithstanding this requirement to amend the original draft terms of reference, it is important to say clearly that there is no impediment or obstacle in respect of Judge Haughton and his position to make any recommendation he deems fit in respect of any future inquiry. Furthermore, the O'Farrell family is free to make any representations to Judge Haughton in relation to any matter it would wish to see inquired into in any future inquiry.

As I have said, Judge Gerard Haughton is an experienced and respected judge. He is also most dedicated to the work he has been asked to undertake. He is free to make any recommendation he sees fit in respect of this matter. I know, as Deputy McGuinness has said, which I appreciate, that he has been engaging with the O'Farrell family. I hope that this engagement would continue. For my part, I am as anxious as anybody to make progress on this matter but as Minister for Justice and Equality I must endeavour at all times to act clearly within the law and that is what I am seeking to do in this most sensitive and tragic case. I look forward to receipt of Judge Haughton's initial report. I should have it before the end of this month. I would be happy to engage further with Deputy McGuinness and others at that time.

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