Bríd Smith (Dublin South Central, People Before Profit Alliance) | Oireachtas source

I pay tribute to Lucia O'Farrell and her family for pursuing this case following the tragic loss of her son Shane. I welcome Fianna Fáil's motion and the Sinn Féin amendment. We will vote in favour of both.

We know from history that when a state , its Ministers, and top personnel close ranks and bar people from accessing justice that the hurt and trauma of the original injustice is multiplied and made even harder to deal with. The loss for the O'Farrell family of their son and brother is an impossible one. The search for the truth about the events that led to that loss is an added and equally impossible burden on anyone, but to find at every turn their quest for justice is barred, obstructed and complicated is an outrageous insult not just to the O'Farrell family but to all citizens. It has to stop and it has to stop tonight.

This is the second time we have had a substantial debate on this case in the Dáil. Not for the first time, the Dáil has spoken on this and, also not for the first time, the Government has ignored the voice of the Dáil. Let me be clear: the Minister ignored the previous Dáil motion that called for an independent inquiry into all aspects of Shane's death and now he is fundamentally undermining the scoping exercise process. The Minister said numerous times that the family could meet Judge Haughton and suggest the terms of reference. In reply to a parliamentary question this year, the Minister stated, "Of course, it is open to Judge Haughton to propose changes to the terms of reference". In reality, it is the Minister and the Attorney General who set the terms of reference, making it impossible for the truth of all the events before and after Shane's death to be revealed.

The Taoiseach informed the House that Judge Haughton will be able to produce his initial report into the death of Shane O'Farrell in the next few days. The Government must clarify that the interim report concerns timelines only. The Taoiseach's comment suggests that the motion this evening is of no consequence and that the new terms are the production of this interim report. The Minister has now left the Chamber. He must clarify what he meant when he stated: "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." He also said: "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." The Minister further stated:

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.

That same case was quoted to me in the High Court last Wednesday. It seems to be wheeled out quite frequently.

We must be clear that the purpose of this scoping inquiry, should be to review the failings in the mechanisms of the State in the investigation of Shane O'Farrell's death and the prosecution and sentencing of his killer. That is the key and that is the centre of the family's quest for justice and their attempt to make sense of their son's death and the loss that ensued from that. That is the only purpose it seems to me for any inquiry into Shane O'Farrell's death. I repeat, to review the failings in the mechanisms of State in the investigation of this young man's death and the prosecution and sentencing of his killer. That cannot happen under the finalised terms of reference, as the hands of the judge are tied. He is effectively barred from looking at the very core of this case and the reasons that this family has worked so hard to seek an inquiry into it in the first place. That is an absolute insult to Lucia, to her daughters, to the entire family and to the memory of Shane.

Looking back, in quick succession we have gone from terms of reference that were, first, to review the reports of GSOC, then widened to include the criminal prosecution relating to Shane's death, and the previous prosecutions and the findings of the inquest. We now find that it has been shrunk again to the current terms of reference which will only take into account the reports of GSOC, with no mention of the criminal prosecution in respect of this young man's death, or the previous prosecutions, the inquest or indeed anything that Judge Haughton originally had in the terms of reference. There was no mention of the very reason that Shane's family has pursued justice and campaigned for years for an inquiry that would shed light on the events that led to this devastating loss.

The Minister has repeatedly stated that there is no attempt to cover up or to hide the truth. If he wants us to believe that, or if words have any meaning, then he should ensure that the terms of reference of this inquiry cover all aspects concerning Shane's death - the previous prosecutions and the findings of the inquest. If he fails to do so, we can only conclude that for the State, the truth and nothing but the truth would, in the words of the deceased Lord Denning who presided over the trial of the Birmingham Six, open up an "appalling vista" for the State. It is time that we came clean and instead of dragging this out for years and years for this family, we should open up a proper inquiry into all of these events and let justice be seen to be done.

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