Joe O'Toole (Independent)

I welcome the Minister of State, Deputy Brian Lenihan, to the House. I wish to make a short contribution to this important debate, which offers Senators an opportunity to acknowledge again the importance of justice as a cornerstone of our democracy. It is important that the pillars of justice are seen to uphold what the Members of the Oireachtas stand for. We should take this opportunity to remind ourselves in a significant way of the value of life. We have almost become inured and anaesthetised to the discovery of bodies following murders in various parts of this island. It is important that this debate should remind us again of the importance of a person's life. My feelings on the murder of Joseph Rafferty are similar to my feelings on the killings of Brian Fitzgerald, a totally innocent person who was murdered outside a nightclub in Limerick for standing up for what was right, and Robert McCartney. The actions which were perpetrated against the people I have mentioned, who were taken out, represent one of the many evil sides of terrorism. I do not doubt that regardless of the provenance of the person who carried out the terrible murder of Joseph Rafferty — regardless of whether the person is a member of the IRA — the events in question are symptomatic of our society's free access to killing and easy approach to life.

Senators should stand and salute the members of the family of Joseph Rafferty, some of whom are present in the House this evening. As previous speakers have said, Mr. Rafferty's relatives have shown they are prepared to take a courageous and public stand. They have proved willing to take their case to the greatest court of all — to the people. It is hugely important for them to recognise that although justice and politics are completely intertwined, they are completely separate at the same time. It is quite a difficult concept. As Members of the Oireachtas, we make the law and ensure that it is implemented, but we do not dare to involve ourselves in how it is implemented. It is a tricky set of circumstances, which relates to other matters such as the case of the Rossport five. We need to consider the extent to which we, as elected representatives, can get involved in legal matters. In this instance, we are on the cusp of a movement. This is the beginning of the long road to justice for Joseph Rafferty. People had to take the same road to prove the innocence of the Birmingham six or the Guildford four. The obverse is the case in this instance — the Rafferty family are trying to bring to justice a person who is clearly guilty of a terrible murder.

It is clear that this is a difficult time for the Rafferty family. While no family wants to be faced with a challenge of this nature, it is impossible for any family to walk away from it. For that reason, the members of the Rafferty family deserve our full support, wherever it can be provided. Every public representative, including those who represent Sinn Féin, has a responsibility to ensure that no stone is left unturned to help them. If members of Sinn Féin have some information about the death of Joseph Rafferty, they have a bounden duty to ensure that such details are brought to the attention of the appropriate authorities. Some people in Irish life have a certain attitude to consultation with the Garda — they question whether co-operating with the force is the right thing to do. There can be no doubt that society regulates itself by means of its law and its police force. As I said at the outset, the justice system, as a means of social regulation, is a cornerstone of what we do. If we are to ensure that our justice system is upheld, we have a responsibility to give our fullest support to the motion before the House. We need to urge all those mentioned in the motion to take the appropriate action to ensure that the necessary information is brought to the Garda.

The importance of this debate is that it is sending a clear statement to all and sundry — I refer to the people at large, Sinn Féin, the IRA, whoever is listening and whoever wants to listen — that there should be no hiding place for people in our society who act like whoever killed Joseph Rafferty. This kind of killing diminishes everyone in society. The manner in which we deal with such crimes is a reflection on how we order and regulate our society. For that reason, we have to ensure that justice is done. Those who are protecting and hiding the suspect in the case of Joseph Rafferty in such an unacceptable manner should be answerable to society at large. Justice needs to be done, and to be seen to be done, quickly. I hope the Rafferty family will take some sustenance from the support of people on all sides of the political stage. I hope we can be of some help to the family during its challenge to find justice for Joseph Rafferty.