Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I want to begin by again offering my condolences and profound sympathy to Mr. and Mrs. O’Farrell and Shane's sisters and extended family and friends. I cannot imagine the scale of their grief and I know that no words of mine will bring Shane O'Farrell back to his family. Shane O'Farrell's death was a tragedy. I know, as many of us do, that his loss has had a catastrophic impact on his family. I welcome Mrs. O'Farrell to the Public Gallery.

In 2011, Shane O'Farrell was just 23 years of age when he was killed when cycling in County Monaghan. He was taken from his family at a time when he held so much promise for the life he might have lived. In the course of the past seven years, I have met members of his family and I am familiar with their tireless quest to understand the circumstances which led to the death of Shane O'Farrell. Let me state categorically here in the Seanad that there are a number of matters surrounding the circumstances of the death of Shane O’Farrell, which are of concern. The fact is that the person who was responsible for the fatal accident had multiple previous convictions, including for theft, drugs and road traffic offences, for some of which he had received suspended prison sentences. It is also the case that, at the time of the accident, he was on bail related to a number of charges.

Shane's mother, Lucia O'Farrell, has asked for a public inquiry. Over the years since the death of Shane O'Farrell, my predecessors have attempted to address the concerns of his family. They have availed themselves of the mechanisms at their disposal to determine what actions they might take.In 2014, my predecessor, former Minister, Alan Shatter, referred the matter to the Garda Síochána Ombudsman Commission. Members of the House will be aware that GSOC has a statutory responsibility to deal with complaints concerning the conduct of members of the Garda Síochána. At the time of the Minister’s referral, GSOC was already investigating the case on foot of a complaint by the O’Farrell family and it merged the two complaints into one. The following month in May 2014, the then Minister, Alan Shatter, referred the case to the independent review mechanism. The independent review mechanism was established to provide for independent reviews of certain allegations of Garda misconduct or inadequacies in the investigation of certain allegations with a view to determining to what extent and in what manner further action may be required in the case.

For clarity, the independent review mechanism was not established to act as a commission of inquiry or investigation nor was it designed to make findings. Its purpose was to examine allegations to see whether further action was needed by the Minister and what that action might be. Under the IRM, the allegations made by the O’Farrell family concerning the circumstances of Shane O'Farrell’s death and subsequent events were examined. Having considered this case, the recommendation made by the IRM was that no further ministerial action should be taken in this case. Counsel for the IRM pointed out that the appropriate forum for raising matters related to alleged Garda failings was GSOC which was already investigating certain matters arising from the tragic death in this case.

In December 2015, my immediate predecessor, former Tánaiste, Deputy Frances Fitzgerald, issued a letter to Mrs. O’Farrell setting out the outcome of the recommendation from the IRM review and the reasons for these. Before leaving the IRM, it is important that I make one further point. The matter of bias or conflict of interest has been raised in this particular case. One of the senior counsel on the IRM panel had represented the driver of the car that caused the death of Shane O’Farrell at his trial. Repeated assurances have been given that such conflicts of interest were catered for and I am advised categorically that this senior counsel had no involvement in the review of Mrs. O’Farrell’s complaint. Let me be clear about one thing. The independent review mechanism examined the complaints referred to it, notwithstanding that GSOC had already begun an investigation. Having examined each complaint, the IRM determined that these same matters were being investigated by GSOC and as a result made its recommendation.

As mentioned, a number of complaints were made to GSOC by the O’Farrell family and my predecessor, former Minister, Alan Shatter, also referred certain matters relating to the case to GSOC. GSOC's investigation involved consideration of 56 complaints made to it by the family and matters referred to GSOC by the then Minister, Alan Shatter. In April 2018 GSOC issued its first report on the case to me and provided a copy to the O’Farrell family. The report has been published on the GSOC website. For the sake of clarity, I want to say that the date, 29 March 2017, on the first report as sent to the O'Farrell family is an error. My officials have been informed by GSOC that it was a typographical mistake and the date should have been 2018. This has been corrected in the version published on the website.

This first report considered this from a criminal perspective. Each allegation was examined to determine if any conduct by the gardaí could constitute an offence. The primary complaints considered by GSOC were alleged failures by the gardaí relating to the fact that the person who caused the accident had breached bail conditions in the months before the accident, alleged failure to check tax and other matters when the car that was involved in the collision with Shame O'Farrell’s bicycle was stopped shortly before the collision, alleged failure to bring charges against a person for withholding information about the accident and alleged failure to keep the O'Farrell family fully informed of certain matters.

GSOC found there were no grounds for criminal proceedings against any garda. However, it identified conduct that may lead to disciplinary proceedings. It immediately began a report on the disciplinary issues that this case gives rise to under the Garda disciplinary code. The current GSOC investigation is examining an alleged failure to check tax and other matters related to the car and the owner of the car involved in the collision and an alleged failure to bring bail conditions to the attention of the court or to reactivate a suspended sentence when the person was charged with subsequent offences prior to the date of the collision. This work is ongoing and, given the lengthy and detailed investigation to date, I expect that report to be completed without delay. The findings of GSOC’s report on disciplinary matters may be quite serious. I urge colleagues in this House to be mindful of the importance of allowing GSOC to determine whether any gardaí may be guilty of a breach of discipline and to be careful not to interfere with that process.

GSOC is conscious that all parties, including gardaí under investigation, have rights and is not jeopardising the ongoing disciplinary investigation by naming persons who have the right to be heard and offer an explanation for the conduct under investigation. When the investigation is completed, the report will be forwarded to the Garda Commissioner under section 97 of the Garda Síochána Act 2005. It will be open then for the Garda Commissioner to consider what action, if any, he thinks appropriate under the Garda disciplinary regulations. GSOC is the independent authority established by statute to investigate allegations of wrongdoing or failings by members of the Garda Síochána. GSOC's independence is its guarantee to members of the public and to members of the Garda who are the subject of a complaint, that any and all complaints will be investigated properly and thoroughly, with due regard to the rights of everybody involved.

The House may find it useful to know that the GSOC report made a number of more general recommendations. It stated that attendance in court for victims, especially in cases involving fatalities and serious assaults, can be particularly traumatic. This can be exacerbated by the fact that there is no clear listing system available to the public, especially for the District Court. Furthermore, cases are often taken out of turn and new cases are added, which further extends the waiting time and uncertainty as to when exactly a case will be heard. GSOC also drew attention to the inability to hear clearly in the courtrooms of our District Courts, which can be frustrating. It also states that victims should be provided with appropriate information about a case and given it in a timely fashion. Finally, it states that better communications between the courts, Garda and the prison service might prevent significant issues being overlooked or missed such as bail conditions that may have been breached in any particular case.

I thank GSOC for these findings which I have asked my officials to examine to determine what action I, as Minister, may take to address these issues without delay. I know it is a source of deep frustration and upset for the O’Farrell family but it remains the case that the GSOC disciplinary investigation must be completed before any decision on what future action can be taken. I strongly reiterate the commitment previously given to the O’Farrell family that once the GSOC investigation is completed, the question as to whether there remain issues that require further investigation will be fully and transparently considered.

It is clear there are a number of troubling matters surrounding the circumstances leading up to the road traffic incident in which Shane O’Farrell’s life was cut tragically short. The GSOC report clearly identifies those matters. They were, in fact, failures. In the debate in the other House last Tuesday, I was emphatic that I accepted that they were failures. A man, who had numerous previous convictions, including for theft, drugs and road traffic offences, and who was on bail at the time of the incident, had also been arrested for other offences while on bail. We all know there are laws related to the obligations on those who obtain release on bail and there are sanctions if those bail conditions are breached. Unfortunately in this particular case those sanctions were not implemented and there was a failing.

Leaving that to one side, I will say that the failings identified by GSOC are very serious. The failings in the follow-up following a breach of a bail condition is unacceptable. My Department will be working closely with An Garda Síochána to ensure that appropriate systems are in place to bring such breaches to proper notice. In the debate earlier this week on the proposal to set up a commission of investigation into the circumstances surrounding the death of Shane O’Farrell, I moved an amendment to the motion. My amendment commits the Government to consider what further action may be necessary when all other investigations are completed. If such further action can best be achieved and advanced by a commission of investigation, the Government will take steps to do that.I cannot be any clearer than that.

At the heart of this is a tragedy and a family in pain. We should remember that they is searching for answers and deserves our sympathy and support. Once again, I extend my sincerest condolences to the O'Farrell family.