Dáil debates

Tuesday, 23 May 2017

Ceisteanna - Questions (Resumed) - Priority Questions

Public Inquiries

5:05 pm

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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42. To ask the Tánaiste and Minister for Justice and Equality if she will commission a public inquiry into the death of a person (details supplied); and if she will make a statement on the matter. [24681/17]

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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The Ceann Comhairle has given permission to Deputy Gino Kenny to put this question.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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The question is to ask the Tánaiste and Minister for Justice and Equality if she will commission a public inquiry into the death of Shane O'Farrell, and if she will make a statement on the matter.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I think I have given the details of this very tragic and sad case to the House before.

The recommendation made under the independent review mechanism, IRM, which was completely independent of myself and my Department, was that I should take no further action. Counsel for the IRM pointed out that the appropriate forum for raising matters related to alleged Garda failings was the Garda Síochána Ombudsman Commission, GSOC, which was already investigating certain matters arising from the tragic death in this case. I should mention that my predecessor as Minister for Justice and Equality had referred aspects of this particular case to GSOC, which is an independent body. I stated in reply to a recent parliamentary question that the investigation had concluded and was being reviewed before it would be issued. We must now await GSOC's final determination. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint.

We are all familiar with the detail of this appalling tragedy. When the Taoiseach and I met with the family of the young man the Taoiseach assured them that when the GSOC investigation is complete and the final report is to hand, the question of whether and, if so, what further action can be taken will be considered. That remains the position. It would appear that the report is now concluded but under some review, which would be the normal process in GSOC. After the review is complete I imagine the commissioners will examine any final detail, although I stress that it is an independent body. That is my understanding of where it is at present. The Taoiseach has said that we certainly can look at what further action might be taken. I think it is appropriate to wait for the final report.

5:15 pm

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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I will cut straight to the chase. I do not understand it. This August will bring the sixth anniversary of Shane O'Farrell's untimely and, in my opinion, preventable, death. That is the opinion of many others as well. The O'Farrell family have been seeking justice and solace. Not only have the police, the prosecutor and the Director of Public Prosecutions failed the family but the Minister has failed them badly as well.

Incredibly, the Garda Síochána Ombudsman Commission investigation has been going on since January 2012, that is to say, for five and a half years. It is appalling. The family and many other people, including people in this House, are calling for a public inquiry. No investigation takes five and a half years. The level of delay is appalling. This brings in the wider narrative of the crisis of confidence in the police service of this country. Many people have lost confidence in the force.

I put this to the Tánaiste last December. I cannot make it any clearer. I am calling on the Tánaiste to call for a public inquiry into this man's death.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I have to make it very clear to Deputy Kenny that there are a number of considerations. One of the considerations is the finalisation of the GSOC report.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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It has been five and a half years.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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There are often such situations. I do not like discussing individual cases on the floor of the Dáil. Nevertheless, there are various reasons a case might take extra time. For example, it might arise if new information is put before GSOC that adds to the information it has or it changes the inquiry somewhat. It may mean GSOC has to make further investigations and inquiries. The question of other cases arises. Deputy Kenny has quoted a particular timeframe. We have to look at when court cases have concluded. GSOC has to take that into account as well. There are reasons.

Everyone has the utmost sympathy for the family in this situation. There is absolutely no question about the appalling torment they have been through in respect of the circumstances of the death. The Taoiseach and I met the family. We listened to them and heard what they had to say. Once we have the report from GSOC, we can then consider what action, if any, will be taken at that point. It appears as if we are close to getting that report now. GSOC is independent but my understanding is that it is now reviewing the final part of the report.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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I have lost all confidence in this process. I understand there must be due process but I have lost confidence, not only in the process but in the ability of the Tánaiste to investigate this.

It is clear that Shane O'Farrell would have been here today with his family were it not for the incompetence of the police service of this country. That goes without a doubt. What his family is seeking is simple. Shane cannot come back, unfortunately, but they are seeking justice. It is a simple thing the Tánaiste can propel. The old saying is that justice delayed is justice denied. Justice is being denied not only to Shane and his family but to the Members of this Parliament. It is disgraceful that five and a half years after the beginning of the GSOC investigation it is still in logjam.

The Tánaiste should give the family a public inquiry and allow the country to seek justice. It is up to the Tánaiste to say today clearly that she will give this family a public inquiry.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I do not accept what Deputy Kenny says in respect of the action I have taken. I referred this to the independent review panel. That was an independent body and it has examined the matter. That body independently made a recommendation to the effect that GSOC was the relevant body and that it should take up the complaints made and investigate them. GSOC is already doing this.

We call continually in this House for independent bodies to deal with issues. Deputy Kenny cannot have it both ways. We set up an independent body. We should allow it to do its work. Sometimes there are reasons for the amount of time an investigation can take. GSOC is chaired by Ms Justice Mary Ellen Ring. No one would raise any doubts about her capacity to run GSOC or to deal with things in a timely way.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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The family say it was stuck in GSOC.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Please, there cannot be interruptions.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Let us be clear. If we set up independent bodies, then let us allow them to do their work.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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That is a fantasy and a joke.