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

I thank the Leas-Cheann Comhairle and welcome the opportunity to have statements in the House today on the report of retired Judge Gerard Haughton, arising from the scoping exercise into the circumstances surrounding the tragic and untimely death in August 2011 of Shane O'Farrell, aged 23, in a hit-and-run incident involving a car driven by Zigimantas Gridziuska, the individual referred to in the report as "ZG".

The sudden loss of Shane at such a young age, with his whole life ahead of him, is a desperate tragedy for all those who knew and loved him, and one that will always be an immense source of grief in their lives. Like many in the House today, I have met the O'Farrell family and know how much they feel his loss every day. I too want to acknowledge their presence in the Gallery this afternoon.

As Deputies are aware, the background to the Government's decision to establish the scoping exercise was in response to the desire of these Houses for further examination to be conducted into the circumstances of Shane's death. I thank Judge Gerard Haughton, who conducted the scoping exercise with diligence, including throughout the Covid-19 pandemic, and all of those who co-operated with this process. The final revised terms of reference for the scoping exercise were finalised in July 2019 by the then Minister for Justice, Deputy Charles Flanagan.

The terms of reference required Judge Haughton to advise the Minister for Justice on whether there were any circumstances surrounding the death of Mr. O'Farrell that warranted further investigation or inquiry beyond those already carried out, and separately, whether an inquiry was 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. It was Judge Haughton's requirement that where a further inquiry was recommended, he should also suggest the form of any such investigation or inquiry, provide a draft terms of reference, and then suggest the composition of the investigation or inquiry. The position of the Government was always that Judge Haughton was free to make any recommendation he saw fit, and I as Minister for Justice did not direct, and certainly was very open to, any recommendation that was made in this report. The terms of reference were finalised based on advice from the Attorney General. Judge Haughton helpfully set out these matters in his report, including publishing both original and revised terms of reference.

Regarding the conduct of the scoping exercise, I recognise that the report took almost three years to complete. I know this was longer than people would have anticipated. I understand that this was due to Judge Haughton's desire to be as comprehensive as possible and in part due to the impact that Covid-19-related restrictions had on the judge's ability to engage with all of the necessary parties.

When Judge Haughton submitted his final scoping report to me on 1 June 2022, I then sought the advice of the Attorney General about the issue of publication. Subsequently, my colleague, the then Minister for Justice, Deputy Harris, brought the final report to a Cabinet meeting on 25 April 2023. At that meeting, the Government noted the final report of the scoping exercise before it was laid before the Houses of the Oireachtas and before its publication on 3 July. Understandably, the O'Farrell family has been very prominent and engaged with the scoping exercise, and I sincerely thank them for their engagement.

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As Members will be aware, last November, the then Taoiseach, Deputy Micheál Martin, and I met members of the O'Farrell family regarding the content of the report and its publication. The former Minister for Justice, Deputy Harris, met members of the family in May of this year. The Government is very mindful of the O'Farrell family and their loss. As I said at the very outset, I know how challenging and distressing this has been over the past several years. I know how difficult it has been and want to acknowledge that.

It is clear from reading the report that Mr. Justice Haughton carried out a very thorough review of all relevant material and has produced a robust and measured report. The 416-page report is comprehensive, setting out all the issues within the terms of reference in some detail. I understand that, having fully engaged with each issue raised, Mr. Justice Haughton concludes no further investigation or inquiry is warranted beyond those already carried out. The report pays attention to the circumstances of the tragic incident itself and sets out the elements that contributed to it. In setting out the circumstances, Mr. Justice Haughton has been forthright in his view that a variety of factors contributed. The judge also finds that there are no circumstances in the context of granting, objecting to or revoking bail, or the monitoring of compliance with the conditions of bail, that warrant further inquiry. He makes a similar finding about the systems and procedures for the sharing of information between the Garda, the Courts Service and other relevant State bodies operating at the time of Shane O'Farrell's death.

Mr. Justice Haughton makes several recommendations regarding bail, suspended sentences legislation, amendments to the Road Traffic Acts and notices of appeal administered by the Courts Service. For example, the report acknowledges that new legislation has already been introduced in respect of both bail and suspended sentences. The Department will complete an initial examination of legislation in this area shortly as part of its continuous review of the criminal law to identify whether any further legislation or amendment is required in respect of suspended sentences and bail, or both. My officials are engaging with stakeholders on the procedural matters raised by the judge to determine how they might be progressed.

While the State's bail laws do provide for the refusal of bail in certain circumstances, the presiding judge is entirely independent in the exercise of his or her judicial functions, and the decision to grant bail in a particular case is solely a matter for the judge. An Garda Síochána advises me that the State's amended bail laws have proven to be effective. All legislative provisions are, of course, kept under review.

The Government agreed just this morning to progress the recommendation on charges of careless driving in the forthcoming road traffic Bill. It would, of course, have been very much open to Mr. Justice Haughton to have recommended a tribunal of inquiry, a commission of investigation or an inquiry under section 42 of the Garda Síochána Act if he had found that such an inquiry was warranted. There has been a criminal trial, Coroner's Court involvement, an independent review mechanism, a GSOC investigation and the Haughton scoping exercise concerning the tragic death of Shane O'Farrell. The independent report by Mr. Justice Haughton does not provide a basis for the Government to establish an independent inquiry.

I want to turn to a couple of issues raised by the House in recent weeks. The first concerns the holding of a file within the Garda National Crime & Security Intelligence Service regarding Zigimantas Gridziuska. I note that Mr. Justice Haughton deals with this in his report and he concludes that he was entirely satisfied with the co-operation he received from An Garda Síochána on this matter. The second issue concerns the return of an exclusion order regarding Mr. Gridziuska that was imposed in 2013 and that expired earlier this year. I have spoken to Shane O'Farrell's family about this matter in recent weeks and I undertook to engage with An Garda Síochána. To date, the Garda has not located the individual. If his whereabouts become known, I will of course examine this issue again. In such cases, a very clear process must be followed. To make a further exclusion order, the person in question must be notified of the Minister's intention to make it and must be given an opportunity to make representations to him or her in this regard. However, I will commit to examining this matter again if the individual's whereabouts become known.

I am grateful for the opportunity to speak on the matter this evening. I recognise that the outcome in the report is not what Shane's family and those who speak in support of them want. I regret that this is where we find ourselves today. I can commit that the Department of Justice, other Departments and State bodies will continue to focus on implementing the technical and procedural recommendations set out by Mr. Justice Haughton in the report.

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