Dáil debates

Tuesday, 17 October 2023

Final Report of the Independent Scoping Exercise into the Circumstances surrounding the Death of Mr. Shane O'Farrell: Statements

 

7:00 pm

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

I thank all Deputies for their contributions this evening and I thank the O’Farrell family for being here throughout this. I do not think any of us, myself included, who have met either Lucia or Jim, Shane’s sisters or the wider family who could not have been affected by those meetings. Like everyone here, I have witnessed the sheer love, but above all, determination by the family to make sure all the facts surrounding Shane’s death are laid bare and are clear and also to ensure that no family goes through what they have gone through and what they are going through. I know that is what Shane’s family wants out of all of this.

At no point have I as Minister in the last number of years, or this Government, ruled out a scoping or a public inquiry following on from this. The terms of reference were very clear that if this was the route we were to go down, that Judge Haughton could outline the terms of that scoping inquiry and at no stage have we ruled that out. But I have a report before me. Whether it is 416 pages, more or less, it is an extensive report. It is comprehensive and it sets out all the issues within the terms of reference in some detail. The terms of reference were finalised on the advice of the Attorney General and early on, the judge made it clear that he would not restrict or limit any parties in their submissions to him in terms of the nature and extent of the documentation which could be furnished to him in the context of the scoping exercise. He carried out a very thorough review of all the relevant information and material and has produced what I and the Government believe is a detailed final report, having fully engaged with each and every issue raised by or on behalf of the family and many others who have engaged in this overall scoping inquiry.

The judge finds that there are no circumstances - Deputies have raised this throughout this debate this evening - that where there are faults or issues that need to be addressed that we as a Parliament need to be able to respond. The judge says very clearly in the context of granting, objecting and revoking of bail or the monitoring of compliance with conditions of bail, none warrants further inquiry that have not already been laid bare either by this inquiry or many other inquiries that have taken place. He makes a similar finding about the systems, the 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. He does make several recommendations. I note that many Deputies have very clearly said that where mistakes were made, where procedures were not in place and where we need to strengthen our law that too must be the outcome, not just of today but of the many, many years of campaigning and work by Lucia, Jim and all the family. In that regard, several recommendations have been made around bail, suspended sentences, legislation and amendments to the Road Traffic Act. I mentioned that only today agreement was reached by the Government to progress recommendations on careless driving in the forthcoming road traffic Bill and also in relation to notices of appeals administered by the Courts Service. Today was the final installation of a significant increase in our Judiciary with 24 additional judges appointed to ensure that we have a Judiciary that is working efficiently and effectively. That will be supported by an increase in staffing, which was provided for in this year’s budget.

As I outlined, before me is a report which has been considered by the Government and the Attorney General whose advice was sought prior to its publication. Having considered that final report, the Government does not dispute the main conclusion reached by Judge Haughton that no further inquiry is necessary. I fully appreciate this is not what the family wants to hear from me this evening. I do fully appreciate that. However, we have to make a decision here. The Government has made this decision based on the facts laid out in the report. How do we make sure all the information is available? We have heard that so much of the information has already been produced in this report following on from a series of investigations whether through GSOC, the courts or other investigations that have taken place. Recommendations have been made to ensure this does not happen again and that, insofar as possible, we as legislators do whatever we possibly can to make sure that no family goes through what the O'Farrell family is going through.

I committed to the family that I will follow up with An Garda Síochána on the whereabouts of this particular individual and that, if the whereabouts of this person become known, the Department will review the position regarding a further exclusion order being made. I thank Deputies for their contributions, and acknowledge and thank the O'Farrell family for being here too.

Comments

No comments

Log in or join to post a public comment.