Seanad debates

Wednesday, 13 February 2019

Death of Shane O'Farrell: Motion

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I am glad that the Government is not opposing the motion. That means that both Houses of the Oireachtas will have passed a motion calling for the establishment of an inquiry. It is time such an inquiry was set in motion. I do not think we need to wait for Judge Haughton to report. The Minister said: "I appointed a respected and very experienced former judge of the District Court, Judge Gerard Haughton, to carry out a scoping exercise into a number of matters surrounding the circumstances..." He also said: "As the House will be well aware, scoping exercises have been carried out in the past prior to the establishment of major inquiries or tribunals." They have, but I draw the Minister's attention to the fact that such scoping inquiries have been bypassed on a significant number of occasions. Michael Clifford points to several in his article. In June last year the Government set up a commission of investigation into the crimes of Bill Kenneally, the former sports coach who had been convicted of a number of child sex abuse offences. There is major concern that he appeared to be in a position to act with impunity for years. This is another criminal matter where, without a scoping inquiry, the Government established a commission; obviously, therefore, there is no problem with it. There could not possibly be because the Government has already done it. That is the answer.

There is the question of the independence of the courts and the statutory independence of the Director of Public Prosecutions, An Garda Síochána and the Garda Síochána Ombudsman Commission. I do not believe for one second that the independence of these bodies would be undermined by the establishment of a public inquiry. Far from it, I believe it would be strengthened. The motion calls for the commission of public inquiry to examine the actions of An Garda Síochána, the Director of Public Prosecutions, GSOC and the Courts Service. The Minister said he imagined that Members were well aware of the constitutional and statutory provisions governing the functions of these important organs of State. We are, but we do not see any conflict in that regard.

The Minister says the investigation of suspected criminal offences is, with some exceptions, a matter for An Garda Síochána. Of course, these are matters for it, but this case has been looked at and facts have been established. There is no question whatever about Gridziuska's guilt. He is guilty not only of the unlawful killing of Shane O'Farrell but also of drug, motoring, drink and theft offences. There is a vast catalogue of offences. He is as guilty as hell and there is no question of a Garda inquiry into his behaviour being undermined.

I call for the motion to be passed by both Houses of the Oireachtas, in other words, the full Parliament of Ireland, to have a public inquiry established. We are looking for this to happen without delay and that is what the O'Farrell family have come to the House today to see. They seek justice for their son and want to see an end to this in order that they can go on with their lives. With the full support of both Houses of the Oireachtas, the time has come to have a full public inquiry.

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