Robbie Gallagher (Fianna Fail) | Oireachtas source

I do, however, take on board the presentation of the Minister at the outset of the debate.

Fianna Fáil brought forward the motion calling on the Minister to adopt the terms of reference as drafted by Judge Haughton. As the Minister knows, terms of reference are clearly binding on an inquiry. They establish the jurisdiction of that inquiry in setting out what it can and cannot inquire into. Limiting the terms of reference of this matter significantly limits what can be considered by the judge and, consequently, what recommendations the judge can ultimately make. The terms of reference, as they currently stand, do not reflect the spirit of the Dáil vote and nor will they enable us, as a nation, to learn of the extent of the dysfunctionality of elements of our criminal justice system. The Fianna Fáil motion was passed by Dáil Éireann but the Minister has refused to broaden the terms of reference.

The O'Farrell family, as we all know, have worked tirelessly seeking to get justice for their son and brother. The State has failed them in the manner in which the death of Shane was investigated and prosecuted. The State failed the family in the manner in which their complaints around the investigation and prosecution were handled by GSOC. The State is continuing to fail them in the attempt to limit the terms of reference of the scoping exercise.

The O'Farrell family must be commended on the courageous and dignified way in which they are pursuing justice for Shane. They have been unrelenting in their quest for justice and by so doing, they are doing the utmost to honour Shane's life. In many ways, the lives of the O'Farrell family are in stand-by mode and have been for more than seven years. It is difficult for the ordinary man or woman in the street to comprehend why the wrong that was done was not made right at the first available opportunity. Here we are and, in the Minister's words, not for the first time he is in this Chamber explaining what the State is doing in order to address the wrong.

The O'Farrell family have not had the time to mourn properly the death of their son. It is bad enough for any parent to bury a child. It is totally unnatural and goes against the grain of life as we know it. To compound that tragic loss is the fact that a wrong was done and that wrong still has not been righted. Clearly, there is a responsibility on us all, as legislators, and the least the O'Farrell family deserve is for the truth to be told about what happened not only so that the O'Farrell family can get justice and time to mourn the tragic loss of their son and brother but that we, as a State, can learn from the shortcomings that were illustrated clearly by this entire episode. We, as a State, must learn from the wrongs that have been done and can learn what actions must be taken in future to ensure that we will not be discussing another family at another time in this House or the Lower House.

I listened to the Minister's words with great intent. I was heartened, as I am sure the O'Farrell family will be, by one sentence the Minister repeated. He said he is anxious to see progress on this matter, as we all are, and I ask that the Minister, through his good offices, will consult with the O'Farrell family. There is no point in us doing scoping exercises unless all the parties, particularly the O'Farrell family, are happy with what has gone into that scoping exercise. All we want is closure and the O'Farrell family deserve that.