Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

I thank my colleague, Deputy Jim O'Callaghan, for tabling this motion for discussion tonight. We will all agree that we should not be here discussing this in the sense that this matter should have been dealt with properly and conclusively in the first instance. It is regrettable that we find ourselves in this situation.

My colleague, Deputy O'Callaghan, alluded to the concept of justice. We all know the famous maxim that justice delayed is justice denied. Unfortunately, the O'Farrell family will probably never achieve justice to their satisfaction but we are all agreed that there is a huge onus and obligation on us to assist them in getting to the truth in terms of how a man with such a history and litany of convictions behind him was in a position to carry out the act which deprived Shane O'Farrell of his life. I want to pay tribute to the O'Farrell family, whom I met on many occasions in my role as Fianna Fáil spokesperson on justice. Their campaign and dedication to getting to the truth of what happened to their loved one, Shane O'Farrell, has been remarkable. I heard Lucia O'Farrell on radio last week again laying out all the facts of the case.

During the timeline over which we have been discussing these events there has been Garda reform, reform of the Garda Síochána Ombudsman Commission reform, the establishment of a new policing authority, various reports by the Garda Inspectorate, the Commission on the Future of Policing in Ireland and a new Garda Commissioner. There have been many new dawns and many new reports. The case of Shane O'Farrell is a blight on An Garda Síochána. It does not give me any pleasure to say that. I do not think it gives any of us any pleasure to say it. We need to get to the truth of the matter.

Reference was made to the Independent Review Mechanism, which examined a submission made by the O'Farrell's in regard to Shane's death. We will all recall that there were many cases sent to the Independent Review Mechanism, which was an effort by Members of this House and the Minister of the day to try to deal with some cases which people felt were badly handled or where people felt they were denied proper process or justice. This mechanism was far from satisfactory because people could only make written submissions to it and they did not get an opportunity to meet with people face-to-face. This case has been through that process and GSOC. We now need a public inquiry, the terms of reference of which we are now discussing.

I will sum up by setting out the manner in which this case has evolved. The State failed the O'Farrell family in the manner in which the death of Shane was investigated.

The State failed the O'Farrell family in the manner in which the death of Shane was prosecuted. The State failed the O'Farrell family in the manner in which the complaints around the investigation and the prosecution were handled by the Garda Síochána Ombudsman Commission, GSOC, and the State is continuing to fail them through the attempt to limit the terms of reference which we are discussing here today. It is incumbent on us all to give the opportunity to go with the terms of reference that Judge Haughton provided in April 2019 and allow the inquiry to work to get to the truth. If we narrow the terms of reference, that will narrow the scope within which the work can take place and it will also narrow the findings and recommendations that can be made. It does not serve us at all well to any end. I urge the Minister to accept the motion proposed by my colleague, Deputy O'Callaghan.

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