Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 2:

To delete all words after “Dáil Éireann:” and substitute the following:

"affirms that:

— the death of the late Shane O’Farrell was a dreadful tragedy for his family and loved ones, and the circumstances surrounding his death raise a number of questions; and

— the State has endeavoured to answer these questions through an extensive investigation by the Garda Síochána Ombudsman Commission (GSOC) and a review by the Independent Review Mechanism;

notes that:

— following the completion of both criminal and disciplinary investigations by GSOC, and in an effort to progress motions passed by both Houses of the Oireachtas calling for a public inquiry into the circumstances of the death of the late Shane O’Farrell, the Minister for Justice and Equality, in February 2019, appointed a retired District Court Judge, Gerard Haughton, to conduct a scoping exercise with a view to advising the Minister if there were matters concerning the death of Shane O’Farrell that required further inquiry/investigation and, if there were, to provide draft terms of reference for said inquiry/investigation;

— the Minister for Justice and Equality invited the O’Farrell family to engage with Judge Haughton;

— throughout the process, the Department of Justice and Equality consulted with the Office of the Attorney General;

— the terms of reference of the scoping exercise must be compliant with the line of jurisprudence established by the Supreme Court in the case of Shatterv.Guerin;

— the case of Shatter v.Guerin addressed inter alia the scope of preliminary inquiries established by Government, the precision required of terms of reference and the constitutional procedures that must be observed in such exercises;

— the Shatter v.Guerin judgment was delivered subsequent to the transmission of the draft terms of reference to Judge Haughton;

— the Minister for Justice and Equality’s only concern in relation to the scoping exercise is that it be conducted in accordance with the law and that any recommendations made by Judge Haughton at the conclusion of the exercise are legally robust;

— the terms of reference of the scoping exercise were finalised, in consultation with the Office of the Attorney General, on 23rd September, 2019, and, in accordance with those terms of reference, Judge Haughton is required to provide an interim report within eight weeks of commencement;

— Judge Haughton has advised the Department of Justice and Equality that he expects to be in a position to provide the Minister for Justice and Equality with his interim report by Friday, 15th November, 2019, though he is willing to delay this to accommodate further engagement with the O’Farrell family; and

— Judge Haughton’s interim report will set out, inter alia, the timeframe for the completion of the scoping exercise; and

acknowledges that:

— while the terms of reference of the scoping exercise are focused, as required by the law, they allow for review of all of the issues intended;

— Judge Haughton is free, in his final report, to make any recommendation he sees fit, including the establishment of any form of statutory or non-statutory inquiry;

— the O’Farrell family are free to make any representations to Judge Haughton in relation to any matter that they would wish to see inquired into in any future inquiry; and

— the terms of reference of the scoping exercise being conducted by Judge Haughton should remain as follows in order to ensure compliance with the law as set down by the Supreme Court in Shatter v.Guerin:

'In light of the public controversy surrounding the circumstances of the death of Mr. Shane O’Farrell on the 2nd August 2011 and having regard to the motion passed by Dáil Éireann on 14th June 2018 and Seanad Éireann on 13th February 2019, calling for the establishment of a public inquiry into the matter;

Taking into account:

— The outcome or reports of investigations or inquiries that have already taken place related to the death of Mr. O’Farrell, including the reports of the investigations carried out by the Garda Síochána Ombudsman Commission and the outcome of the Independent Review mechanism;

and

— Any changes that have been made to the information sharing systems or procedures operating between An Garda Síochána, the Courts Service and other relevant State bodies, in so far as they are relevant to dealing with persons subject to bench warrants or conditions attaching to the granting of bail and suspended sentences, since the death of Mr. O’Farrell.

To advise the Minister for Justice and Equality:

— Whether there are any circumstances surrounding the death of Mr. O’Farrell which warrant further investigation or inquiry beyond those already carried out;

— Whether any inquiry is necessary into the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of Shane O’Farrell’s death;

— The form of any such investigation or inquiry;

— Its terms of reference; and

— The suggested composition of the investigation or inquiry.

To report to the Minister for Justice and Equality by mid-November 2019 with an interim report indicating, inter alia, the expected timeframe for completion of the scoping exercise.'."

In response to Deputies O'Callaghan and Niall Collins, I agree with much of what has been said. At the heart of the matter we are discussing this evening is the dreadful loss of a loved one by the O'Farrell family. As we have done on previous occasions, I again express my sincere condolences and those of the Government to the O'Farrell family on the tragic loss of Shane O'Farrell. While the Government has put forward a countermotion on this matter, I want to stress and acknowledge that we are all working towards achieving the same goal. That is finding an appropriate response to the acute pain of the O'Farrell family arising from the dreadful loss and to their search for answers. In this context, I am glad of the opportunity to clarify a number of important issues in relation to the matter. I look forward to a fact-based debate on how we can fully address this matter in a way that is not only legally robust but of course legally compliant.

The circumstances surrounding the tragic death of Shane O'Farrell have been addressed on several occasions in this and the other House, most recently in this House last week on 7 November. As I said then, the terms of reference of the scoping exercise being conducted by Judge Haughton were finalised in September. I want to assure the House that there is no intention on my part or on the part of the Government to way limit or constrict the scoping exercise in any way. I share the concern of Deputy O'Callaghan that this House can and must assist the O'Farrell family in pursuit of answers to legitimate questions as posed. In this regard, the terms of reference for the scoping exercise are focused, as required by the law, which as Deputy O'Callaghan has acknowledged is clearly set out by the Supreme Court case of Shatter v.Guerin, to reduce the risk of legal challenge to the recommendations of the scoping exercise. That judgment requires the terms of reference of a scoping exercise to be as specific as possible to remove potential ambiguity and focused enough to promote a timely outcome to ensure fairness to all of the parties involved. However, they still allow for review of the issues intended, including the issues raised in the motion as put forward this evening.

Second, I requested Judge Haughton to make an initial report to me within eight weeks of the commencement of his work. I am expecting to receive that interim report this Friday, 15 November, although I understand that Judge Haughton is willing to delay this to accommodate further engagement with the O'Farrell family. That report as soon as it arrives on my desk will be shared with the O'Farrell family. As set out in the Government's countermotion, Judge Haughton will, among other elements in that interim report, set out the expected timeframe for completion of the scoping exercise he has been charged with. He will advise me whether there are any circumstances surrounding the death of Mr. O'Farrell which warrant further investigation or inquiry beyond those already carried out. He will advise me whether any inquiry is necessary into the systems and procedures for the sharing of information between the Garda Síochána, the Courts Service and other relevant State bodies operating at the time of the death of Mr. Shane O'Farrell. He will advise me as to the form of such investigation or inquiry. He will advise me as to its terms of reference and he will advise me as to the suggested composition of the investigation or inquiry. He will do that at the earliest opportunity.

In terms of his final report, I want to be very clear that Judge Haughton is free to make any recommendation he sees fit, including the establishment of any form of statutory or non-statutory inquiry. It is also the case that the O'Farrell family is free to make any representations they wish to Judge Haughton in relation to any matter they wish to see inquired into, in any future investigation or inquiry. Should Judge Haughton recommend an inquiry, of whatever type, he has been asked to provide draft terms of reference for such an inquiry, as was mentioned by Deputy O'Callaghan and with which I fully agree.

I am anxious to see real progress on this matter. However, I would ask Deputies to appreciate that I cannot and should not prejudge Judge Haughton's report or change his terms of reference, just as he is about to issue his initial report to me, especially in any way that does not comply fully with the law of the land. I would like to take the opportunity to respond directly to the concerns I have heard expressed in relation to the terms of reference of Judge Haughton's scoping exercise. As Deputy O'Callaghan and other Deputies will appreciate, in setting up the scoping exercise itself and in determining its terms of reference, I am bound to be guided by legal advice from the Attorney General. The terms of reference of the scoping exercise must be complaint with the line of jurisprudence established by the Supreme Court's decision in Shatter v.Guerin. As Minister for Justice and Equality I must act within the law and I would expand that to say so must all of us collectively in this House. The terms of reference provided to Judge Haughton respect the law but I will repeat the point that there is absolutely no impediment on Judge Haughton to make any recommendation he sees fit, including establishment of any form of future inquiry if he considers that necessary and appropriate. Again I repeat that the O'Farrell family are free to make any representations to Judge Haughton in relation to any matter that they would wish to see inquired into in any future inquiry.

Judge Haughton is an experienced judge. Judge Haughton is a respected judge. He is also very dedicated to the work he has been asked to undertake, for which I am most grateful to him. I know that Judge Haughton has been engaging with the O'Farrell family and I would hope to see that engagement continue in this sensitive and tragic case. This could be the fifth or sixth time that this House has had an opportunity to deal with these issues. As I asked on the first occasion on which we had an opportunity to debate this issue, I ask Deputies to reflect on the situation. I ask Deputies to acknowledge the points that I have laid out and to join me in seeking to make progress on this matter, while at the same time and at all times, as we should, respecting the operation of the law process. In the meantime, I look forward to receipt of Judge Haughton's initial report in the coming days which will undoubtedly ensure progress in what is a dreadful, tragic case and on which we all seek solutions.

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