Dáil debates

Wednesday, 27 September 2023

Saincheisteanna Tráthúla - Topical Issue Debate

Commissions of Inquiry

9:10 am

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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The House will know that Shane O'Farrell was 23 years of age when he was killed in a hit-and-run on 2 August 2011 by Zigimantas Gridziuska, a known criminal who had breached several bail conditions at the time and had 42 previous convictions in three different jurisdictions. Since Shane's death, his family have sought to get the truth of why the man who killed their son was in a position to do so when he should have been in prison and certainly should not have been on the road in Carrickmacross that fateful evening. I welcome Shane's family here today.

In 2018, the Dáil supported a motion for the establishment of a public inquiry. Among the Members who insisted that only such an inquiry could get the full facts of these matters was the Fianna Fáil leader and current Tánaiste, Deputy Micheál Martin. Rather than implementing the decision of the Dáil, the then Government established a scoping exercise. Many, myself included, feared the exercise was an attempt to delay. Regrettably, the reality is worse than I feared. It now seems it is the Government's intention that the scoping exercise not just delay the truth but act as a barrier against getting it.

The Minister will know that many aspects of the scoping report have been challenged by Shane O'Farrell's family. It is not acceptable that our Government has refused to provide time for a full debate on its contents. This is something I will continue to seek. Zigimantas Gridziuska is solely responsible for the death of Shane O'Farrell, nobody else, and certainly not Shane himself. A crucial question that has not been answered is why this man was in a position to crash into a young Carrickmacross lad, kill him and leave the scene, when he clearly should have been in prison in light of multiple breaches of multiple bail conditions set by multiple courts.

Every single person who understands these matters to whom to I have spoken privately, including many members of An Garda Síochána, have arrived at the same theory. They believe that Mr. Gridziuska must have been a Garda informer. The O'Farrell family has established that there is a file on Mr. Gridziuska in the Garda national crime, security and intelligence service, but they do not know what is on that file. They deserve to know. The only way they will find out is if the Minister finally accedes to implementing the decision of the House to establish an independent public inquiry into this case.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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To follow on from that, I want to warmly welcome Lucia and her family here today. I also think it is a tragedy that they have to be here this morning to listen to this all over again. To repeat, in 2018 this House passed a motion for a public inquiry into the events leading up to the death of Shane O'Farrell. In February 2019, the Seanad passed a similar motion. We do not have that inquiry.

We do, however, have a scoping exercise. Judge Gerard Haughton admits in his report there were concerns in the Department of Justice regarding suggested changes in the terms of reference, suggestions proposed by the family to the judge who gave them guarantees that their terms of reference would be taken into account. They have been amended and removed from the terms of reference.

I want to know couple of things. Like Deputy Carthy, the key question that has to be answered is why this report and the Department of Justice are constantly dealing with the events on the night. The first seven paragraphs of the report are all about the condition of Shane's bicycle, whether there were reflectors on it and the speed at which he was cycling. There is less and less as one goes through the report about the actual killer and the fact he was before seven courts and on bail before five or seven courts, or the fact that a judge in a court in Monaghan said, "If this man offends again I want him back here to jail him". That never happened.

What was going on with the gardaí is the question. Why was a killer, who was out on bail, allowed to kill? Why do we have a scoping exercise that offends the family and addresses the condition of the victim more than the killer? This is a pure victim blaming exercise. It has to be dismissed and a public inquiry established by this House and the Seanad.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I thank the Deputies for raising this matter. I want to start by acknowledging the family who are in the Gallery and thank them for being here this morning. I also want to acknowledge the huge hurt and loss that has been caused by Shane's death. I also acknowledge those in the wider family and community who loved him.

As the Deputies are aware, on 3 July my Department published the report that was carried out by Judge Gerard Haughton arising from the scoping exercise into the circumstances surrounding the tragic and untimely death of Shane O'Farrell in, as was mentioned, August 2011. Judge Haughton was appointed by the former Minister, Deputy Charles Flanagan, in 2019 to carry out the scoping exercise. This was in light of a huge amount of controversy, hurt and upset surrounding the circumstances of Shane's tragic death. Specifically, the purpose of the exercise was to advise the Minister as to whether any further investigation or inquiry beyond those that had been carried out was necessary and, if so, to advise and inform of such investigation or inquiry or its terms of reference. I want to reassure the Deputies that there was no attempt to delay anything or to prevent any further inquiry. It is very much open to Judge Haughton to outline if a further inquiry is needed and what the scope and tenure of that would be.

I want to thank Judge Haughton who conducted the scoping exercise and everyone, including the family, who co-operated with this process. His work has resulted in what I believe is a very thorough and comprehensive report. It is 416 pages long and every effort was made to make sure it was a fair and true representation of the situation, the facts at hand and whether more investigation was needed.

He submitted his final report to me on 1 June 2022. In receipt of that, I then sought the Attorney General's advice on the issue of publication. Following that, the then Taoiseach, now Tánaiste, Deputy Micheál Martin, and I met with members of the O’Farrell family regarding the report in terms of both the content and publication. More recently, the Minister, Deputy Harris, met with members of the family in April.

In his report, Judge Haughton concluded there are no circumstances surrounding the death of Mr. Farrell that warrant further investigation or inquiry beyond what has already been carried out. He is very clear on that. Beyond those that have been carried out, there is no further warrant of investigation. He further concludes that no inquiry is necessary into the systems and procedures for information sharing between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of O'Farrell's death.

Judge Haughton made a number of important recommendations regarding bail, suspended sentences, legislation, amendments to the Road Traffic Act and in relation to notices of appeal that are administered by the Courts Service. I can confirm and I assure the Deputies that many of these recommendations are being progressed, if not enacted at this stage. As they are implemented, I have absolute confidence they will strengthen our justice system.

Above all, we want to ensure nobody goes through what the family has gone through and nobody else finds themselves in this situation. Whatever changes need to be made are being made. However, it is very clear in this report that it does not warrant a further inquiry, which, at the end of that, will not give us any different answers or leave us in a different position than we are now. I know this is extremely difficult in general and in particular for the family. I urge Deputies to read the report. I know these Deputies have, but those who have not, I urge them to read the report and go through all of the facts that have been outlined here. Judge Haughton is very clear that a further inquiry would not help. The most important thing is that we support and help the family but a further inquiry would not do that.

9:20 am

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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I wish to put on the record that I absolutely refute and reject that position. The O’Farrell family has been here many times before and have had 11 years or more now of words of sympathy in this House. They want to see action. I would have liked if the Minister had taken the opportunity today to agree to some small steps that could allow them, but also society at large, to get to the truth as to why a man who should have been imprisoned was in a position to kill Shane O’Farrell.

The first thing the Minister could do is agree to establish the public inquiry as mandated by both Houses of the Oireachtas. She clearly rejected that this morning. If she cannot or will not do those things, she could commit to two things. She could instruct the Government Whip to provide time for a full debate in this House on the scoping exercise report that has been laid before us. That is the least the Dáil deserves. Second, she can confirm whether she knows Zigimantas Gridziuska was a Garda informer. If she does not know that, she cannot say hand on heart that the full facts have been established by the scoping exercise. She could commit this morning that if she does not know, she will go to the Garda Commissioner today and find out.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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I endorse everything Deputy Carthy said. I will not repeat it but I will repeat something I said earlier. In his report, the judge stated the Department of Justice raised concerns regarding the suggested changes the family wanted in the terms of reference and the terms of reference were comprehensively amended by the Department of Justice. Explain that, please. What was going on that the Department of Justice felt necessary to invite the family to look at and have input into the terms of reference and then comprehensively change them, according to the judge?

We have seven paragraphs explaining why Shane was part of his own problem because he did not have reflectors, a jacket or this, that and the other. What page in this report does it explain why a man with so many convictions was on bail and at liberty to kill? Will the Minister name the page where it states that and please explain to us why the Department comprehensively changed the terms of reference? Those are the words of Judge Haughton, not mine.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I suggest that we have taken action. The fact this report has taken significantly longer is not what anybody expected but it is because Judge Haughton wanted to make sure it was thorough, no stone was left unturned and any important information that could form the basis of a further inquiry or anything that might necessarily need further inquiry was investigated. No stone was left unturned; that is why it has taken so long. The terms of reference were set out very clearly. There was clearly engagement on this with the family and many other people to make sure all of the facts were uncovered. I again ask Deputies to read what is in the report and take the time to consider its contents. I have no problem sitting here and going through it with Deputies in the House.

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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So the Minister would agree to a debate.

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I have no issue with that. There is no problem. It gives the opportunity to anybody coming into the House to read it and go through it in detail. However, I am clear that the report itself states there is no need for further inquiry and that is the basis of all of the facts we have in this. I accept the report. It has been published and Government has accepted it as well.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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Can we have a debate in this House? The House and the Seanad have been ignored-----

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein)
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Was Zigimantas Gridziuska a Garda informer?

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Really?

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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The Minister has not answered the questions. They could be answered at a full debate in front of all the Members of this House.