Victor Boyhan (Independent) | Oireachtas source

They are listening and they are here, although they cannot be here physically. I also acknowledge their enormous energy and commitment for their family, including their son who lost his life so tragically. All of us would fight for the same thing. They have engaged with me, more than I have them, and I met them outside Leinster House. That is an important space for the public and for citizens to come and engage with us. I always said I would like to see more people on this side of the gate rather than on the other side. People come to Leinster House regularly. There can be ten or 12 issues or campaigns here every day. They bring great meaning and it is a great place of engagement when people come to the gates of our Parliament and when politicians take the time and the trouble to go out to those gates and listen to those people. I had the opportunity to meet the extended O'Farrell family on several occasions. I met them two weeks ago and I thank them for coming with their message.

Let us put some context on this. In 2011, Shane O'Farrell at 23 years the only son of the O'Farrell family, was killed in a horrific hit and run by a man who had multiple breaches of bail and who should have been in State custody. Shane was studying the law while others were breaking it. He had just completed his degree in law at UCD and his masters in law in Trinity College Dublin. As others have observed, the Dáil and Seanad passed resolutions calling on the Minister to have a public inquiry but to date, to great disappointment, there has been no public inquiry. As the Minister knows, it is alleged that there was Garda interference in this case. The criminal justice system has let down the O'Farrell family in this case and it is clear that there are serious failures in the criminal justice system and too many questions in respect of this case remain unanswered.

It is paramount that the public confidence in the working operations of An Garda Síochána and the criminal justice system are upheld. The Minister has always said that and I do not doubt his commitment for one moment to ensuring there is public confidence. However, this case has dented public confidence. It is a really serious case that has been covered by most media outlets. People are outraged and concerned at how this case has ended up so far. There is an obligation on An Garda Síochána to bring persons convicted of criminal offences, while serving suspended sentences, before the courts and to inform the sentencing court in respect of a person who has been convicted of subsequent offences. Where a member of An Garda Síochána becomes aware that a person has breached or is in breach of conditions of bail, there is an obligation on such a member to bring that breach to the attention of the court.There is also an obligation, which the Minister will be familiar with, of bringing the breach to the attention of the Garda Síochána Ombudsman Commission, GSOC, so that it can be properly investigated. All of the complaints it receives are investigated and determined in an appropriate and timely manner and fashion.

I note the points that the Minister made when he summarised his statement here today and felt reassured. I acknowledge that he said there is no impediment on Judge Haughton "to make any recommendation he sees fit, including recommending the establishment of any form of [...] inquiry" in the future. The Minister continued: "The O'Farrell family is free to make any representations they wish to [Judge Haughton] in respect of any matter into which they wish to see inquiries made". Those comments give me hope and we have to have hope. I shall finish as I started by saying that I do not believe that anyone in this Chamber is trying to block justice. It is a difficult situation to be fair. Process has to be followed and it is important that we get this right. Clearly, it is unacceptable that this has gone on for so long. We are back in here today and, hopefully, we are going to assist in progressing this matter.

I wish the Minister well with this sensitive issue. It is important that in some way we respect the sensitivities and acknowledge the separation of powers and the importance of the judge in this case. We must also acknowledge the family, their grief and their circumstances. Ultimately, we have to take professional and legal advice.

Today has been a good day and I shall finish by thanking a few people. To be fair, Fine Gael did not oppose the motion to suspend the Order of Business, and the House made a unanimous decision. The motion was agreed by the Leader and I acknowledge his support. I also acknowledge the people who proposed the motion in Sinn Féin and the Labour Party. Finally, I acknowledge and thank Members for their very high-quality contributions this afternoon.