Dáil debates

Wednesday, 27 September 2023

Saincheisteanna Tráthúla - Topical Issue Debate

Commissions of Inquiry

9:10 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank the Deputies for raising this matter. I want to start by acknowledging the family who are in the Gallery and thank them for being here this morning. I also want to acknowledge the huge hurt and loss that has been caused by Shane's death. I also acknowledge those in the wider family and community who loved him.

As the Deputies are aware, on 3 July my Department published the report that was carried out by Judge Gerard Haughton arising from the scoping exercise into the circumstances surrounding the tragic and untimely death of Shane O'Farrell in, as was mentioned, August 2011. Judge Haughton was appointed by the former Minister, Deputy Charles Flanagan, in 2019 to carry out the scoping exercise. This was in light of a huge amount of controversy, hurt and upset surrounding the circumstances of Shane's tragic death. Specifically, the purpose of the exercise was to advise the Minister as to whether any further investigation or inquiry beyond those that had been carried out was necessary and, if so, to advise and inform of such investigation or inquiry or its terms of reference. I want to reassure the Deputies that there was no attempt to delay anything or to prevent any further inquiry. It is very much open to Judge Haughton to outline if a further inquiry is needed and what the scope and tenure of that would be.

I want to thank Judge Haughton who conducted the scoping exercise and everyone, including the family, who co-operated with this process. His work has resulted in what I believe is a very thorough and comprehensive report. It is 416 pages long and every effort was made to make sure it was a fair and true representation of the situation, the facts at hand and whether more investigation was needed.

He submitted his final report to me on 1 June 2022. In receipt of that, I then sought the Attorney General's advice on the issue of publication. Following that, the then Taoiseach, now Tánaiste, Deputy Micheál Martin, and I met with members of the O’Farrell family regarding the report in terms of both the content and publication. More recently, the Minister, Deputy Harris, met with members of the family in April.

In his report, Judge Haughton concluded there are no circumstances surrounding the death of Mr. Farrell that warrant further investigation or inquiry beyond what has already been carried out. He is very clear on that. Beyond those that have been carried out, there is no further warrant of investigation. He further concludes that no inquiry is necessary into the systems and procedures for information sharing between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of O'Farrell's death.

Judge Haughton made a number of important recommendations regarding bail, suspended sentences, legislation, amendments to the Road Traffic Act and in relation to notices of appeal that are administered by the Courts Service. I can confirm and I assure the Deputies that many of these recommendations are being progressed, if not enacted at this stage. As they are implemented, I have absolute confidence they will strengthen our justice system.

Above all, we want to ensure nobody goes through what the family has gone through and nobody else finds themselves in this situation. Whatever changes need to be made are being made. However, it is very clear in this report that it does not warrant a further inquiry, which, at the end of that, will not give us any different answers or leave us in a different position than we are now. I know this is extremely difficult in general and in particular for the family. I urge Deputies to read the report. I know these Deputies have, but those who have not, I urge them to read the report and go through all of the facts that have been outlined here. Judge Haughton is very clear that a further inquiry would not help. The most important thing is that we support and help the family but a further inquiry would not do that.

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