Dáil debates

Tuesday, 12 November 2019

Inquiry into the death of Shane O’Farrell: Motion [Private Members]

 

9:25 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein) | Oireachtas source

Ba mhaith liom fáilte a chur roimh Lucia O'Farrell and her family. Ba mhaith liom mo bheannachtaí a thabhairt dóibh, dá misneach agus dá fírinne i dtaobh ceartas a bhaint amach ar son Shane O'Farrell. This is, as we all know the second time, that the family of Shane O'Farrell have had to sit through a motion challenging the failure of the justice system to deliver truth about his death. I thank Teachta O'Callaghan and Fianna Fáil for tabling this Private Members' motion.

The death of Shane O'Farrell, as we can all appreciate, was a devastating blow to his family. The bad decisions by An Garda Síochána, the Director of Public Prosecutions, DPP, the justice system and the Minister for Justice and Equality have added to their hurt. Lucia O'Farrell has raised concerns about how the DPP functions on other decisions, of which the Minister is very well aware. For example, the case of Crevan Mackin reinforces this. Mackin killed Garda Tony Golden after the DPP decided not to charge him with offences he had admitted to, including possession of weapons and explosives. It is suspected that one of these weapons was used to kill Garda Golden.

Some three years ago this month, the then Taoiseach, Deputy Enda Kenny met the O'Farrell family. He told them that he would ask the Attorney General to request that the Law Reform Commission examine how the DPP could be made more accountable. I have written several times to the Taoiseach, including to our current Taoiseach, to this Minister and to the Law Reform Commission about this, and I have yet to receive a response. Perhaps the Minister could tell us tonight where stands the former Taoiseach's request to the Law Reform Commission.

In 2018 and in February the Dáil and Seanad voted in favour of a motion calling for a public inquiry into the death of Shane O'Farrell. The Minister has ignored this. He appointed a retired judge, Judge Haughton, to conduct a scoping exercise. He told the Dáil, and he repeated this ad nauseamtonight, that he had placed no restrictions on Judge Haughton. When in April, the judge submitted his terms of reference, the Department of Justice and Equality to its shame rejected them. Worse, the terms of reference produced by the Department removed any reference to the European Convention on Human Rights or any investigation into the previous prosecutions of the man responsible for Shane's death, and narrowed the original terms of reference.

I have met Lucia O'Farrell and her family many times. They are very brave and very determined. They are another one of those families forced to cope with the loss of a loved one and being faced with a political system that seeks to close down efforts to get to the truth, and ignores the democratic decision of the Oireachtas and the imperative of the Dáil and Seanad motions. That is true also for the Stardust families and for the families of Seamus Ludlow, Jack Rooney and Hugh Watters who were murdered in County Louth. Some 13 years ago, the Minister will recall that the then Joint Committee on Justice, Equality Defence and Women's Rights recommended two commissions of investigation into Seamus's murder. The Government has refused to do this.

It is time that the Minister supported these families. He should not be here to represent the system. The system does not get it right all the time, as he should know. The Minister is here to represent citizens. It is time he supported the O'Farrell family and I would urge him to do the decent thing and to support this motion.

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