John McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

We should note at this stage of the discussion that we still do not have a copy of the Minister's statement to the House. It is therefore difficult to accurately quote what she had to say. We know where Fine Gael stands because it voted against the motion proposed in 2018. As we can see, apart from the Minister, there is not one Fine Gael Deputy here. It is important that we note that because the Opposition and Members of my party are here to set on record what we believe in. Are we leading the O'Farrell family along another length of road where nothing will be done for them? The least that should be done is to hold a public inquiry. The judge's report needs to be withdrawn immediately and we need to rely on what the House demanded in 2018. The House's demand, which was proposed by my colleague, Deputy Jim O'Callaghan, was for a public inquiry. That was the overwhelming view of the Dáil and Seanad at that time.

During the debate in 2018, our party leader, Deputy Micheál Martin, stated it was time for action. I agree with that. In 2017, commenting on the case again, he stated: "The entire case reveals shocking malpractice and dysfunction in the criminal justice system at all levels." If, as I do, the Minister believes in that in its entirely, there is an obligation on her to ensure that any of the errors in legislation are rectified, perhaps by bringing new legislation before the House.

The decision the House took on the night of the debate was on holding a public inquiry. After that, the judge was asked to do a scoping exercise. He was not asked to give judgment, which is what he did. Like other Members, I could go through all the cases relating to the man who killed Shane O'Farrell on the road that night, but I will not do that because they have been well rehearsed here by other Members.

I ask the Minister to remember that Shane O'Farrell had just finished college. He got a first in his master's degree. He was looking forward to travelling a bit of the world but not too far because he was very much attached to his family. He was loved by his family and friends. He was often referred to as "Wordsworth O'Farrell" because of his general knowledge about all sorts of things when going through college. We had an ordinary man going about his business, cycling his bike. In the introduction to his report, the judge made great play of where Shane was situated on the roadway when he was knocked down. He also made great play of the fact that Shane did not have a light on his bike. Then he quoted legislation on how and why you would be breaking the law if you did not have a light on your bike. The cyclist, Shane, was clearly marked, at the front of his bike and at the back. Any driver paying attention would have seen Shane O'Farrell on his bicycle.

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