Bríd Smith (Dublin South Central, People Before Profit Alliance)
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15. To ask the Minister for Justice and Equality whether she will consider an independent public inquiry into the death of a person (details supplied) and the subsequent Garda actions; and if she will make a statement on the matter. [40437/16]

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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I am aware that this question has been brought before the Minister and previous Ministers with responsibility for justice many times in the Dáil. It relates to the case of the murder of Shane O'Farrell. I am raising it again. Those of us in the House will continue to raise it until we see a form of justice that is appropriate to the events that took place. We should have a discussion about those events and determine where we stand. I call on the Minister to outline her position.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As Deputy Coppinger is aware, I have already answered this question in the House today. I fully appreciate the appalling circumstances that led to the death of Shane and the terrible trauma for his family – I know they are in the Gallery today. The Taoiseach and I met the family and had a long discussion. We heard their views on what should happen at this point. We have taken extremely careful note of the views of the family. The Taoiseach and I have made it clear to the family that we are certainly open to further action in respect of the situation.

Our preference is that the Garda Síochána Ombudsman Commission investigation into the case would be completed before further decisions are made. Every time I have spoken on the matter in recent times I have made it clear that I and the Taoiseach would like to see the GSOC investigation completed as soon as possible. The Taoiseach said as much to the family. I am unsure when exactly it happened but I understand extra information was made available to GSOC and this has delayed the completion of the case to some degree. I hope GSOC will complete its investigation soon. I assure Deputy Smith that both I and the Taoiseach will be examining the situation once again and then we will decide what further action might be taken.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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I feel rather inadequate standing in the Chamber before the Minister given that Shane's mother and sister are in the Gallery. They understand every detail of this case. In a more transparent and thorough-going democracy, for example, ancient Greece, they could have stood in front of the parliament and the nation to relay exactly the detail of the case and what happened.

I wish to point out to everyone watching, all Deputies present and the family that the Minister has just stated that her preference is for the completion of the GSOC inquiry before she does anything else. That is the stated preference of the Minister. Does that preference take into consideration the gravity of this case? It must do so. A man who had committed 42 offences was out on bail in both states on this island. He was stopped by the Garda and he was let go on his way. In fact, his partner was told to move over and he was told to drive the car. He was let go on his way and then he proceeded to murder a citizen of the State.

Some five years later, the family is facing another Christmas of anguish because of the absence of thorough-going and full disclosure, yet it is the Minister's preference not to have a public inquiry before the GSOC report comes through. It is not that the Minister cannot do otherwise. She could absolutely go for a public inquiry before the GSOC investigation is completed.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I wish to repeat that what I also did with this case was to refer it to the independent review panel set up to examine cases. An independent process is under way in respect of many of the issues highlighted by Deputy Smith and the family. They are being actively examined by GSOC at present.

Let me put it another way: I believe it is appropriate for me, as Minister for Justice and Equality, to wait for the outcome of that independent process before deciding on any next steps. Any reasonable examination of the facts would hold that if one investigation is under way, then I should wait for the outcome. I hope that will be very soon. An examination took place. The first thing I did was to refer the case to the independent review mechanism. An independent report came back to me. The panel concluded that it could see no particular pathway forward to recommend at that point. Obviously, nothing is going to bring Shane back. The trauma the family has been through and the particular circumstances are truly appalling.

I want to get the GSOC report as soon as possible. We met the family recently, as the Deputy knows, and we all share the sympathy she feels for the terrible loss they have suffered. As soon as we have the GSOC report, we will examine what further action might be taken.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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The Minister may believe it is appropriate, but it is in fact wholly inappropriate not to open a public inquiry, not just because there is an investigation into the behaviour of gardaí but because there is no investigation into the behaviour of the Office of the Director of Public Prosecutions which allowed a case as serious as this to slip into the District Court as a minor offence. The behaviour of the solicitors in the Office of the DPP must be investigated. It has nothing to do with GSOC. It is the direct responsibility of the Minister for Justice and Equality. She has oversight of the DPP and can order that public inquiry. She is refusing to do so knowing that until they get closure, the family is going through anguish and agony.

It is an extraordinarily serious case. The detail of it is immense as the Minister knows. There are flaws in many parts of the system, not just within the Garda. It goes right to the top to the Office of the DPP. If the Minister does not have oversight on that, it goes further to the top to the office of Minister for Justice and Equality. That is why I am calling on the Minister to establish a public inquiry. She is implicated and the DPP is implicated but she is not touching that office as she could.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, some of the allegations in this case relate to actions by the courts and the Director of Public Prosecutions. I repeat what I have said frequently in the House and more generally, which is that the courts are independent under the Constitution. It is very important that we observe that constitutional issue and respect that independence.

Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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They have failed.

Pat Gallagher (Donegal, Fianna Fail)
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The Minister, without interruption.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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However, I note to Deputy Kenny that they are independent of us. That is the important point. It is important for us in the House to recognise that the Office of the Director of Public Prosecutions was established as an independent prosecuting authority in the State. There is a significant benefit and reassurance to citizens of the State in knowing that decisions surrounding the taking of prosecutions are vested in an independent person without external interference and are not a matter for this House.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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Then how did the office let that file slip into the District Court?

Pat Gallagher (Donegal, Fianna Fail)
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The Minister, please. I ask the Minister to conclude.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Let me just conclude, if I could, a Leas-Cheann Comhairle. In addition, those decisions are based primarily on the Garda file in a case and on the professional view of those who work in the DPP. No one is above the law.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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This man was obviously above the law.

Pat Gallagher (Donegal, Fianna Fail)
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Deputies, please. The Minister to conclude.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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If anyone has evidence of any wrongdoing, he or she should bring it to the relevant authorities. That is the reality.

Pat Gallagher (Donegal, Fianna Fail)
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I call Deputy Anne Rabbitte on Question No. 16.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The DPP is independent. The courts are independent.

Pat Gallagher (Donegal, Fianna Fail)
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We have to stick to the time limits.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I have made it very clear, as has the Taoiseach, that once I have the GSOC report, we will examine the situation once again.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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The Minister has oversight of the DPP.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The DPP is independent.