Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I very much agree with what I think every Senator has said, namely, that this is a most important and sensitive matter. I have listened closely to the comments made by Senators during the course of the debate. As I said earlier, we are all working towards achieving the same goal here, which is responding appropriately to the acute pain of the O'Farrell family arising from the loss they have suffered.

Can I say again that there is no intention on the part of the Government to in any way limit the scoping exercise, which is being carried out by Judge Haughton. We want to get to the heart of this matter. The Government, in this regard, is being guided by the advice of the Office of the Attorney General to ensure that this is done in a way that ensures that the recommendations of the scoping exercise are legally robust.

I listened carefully to the comments of Senator Bacik and I acknowledge her interest. I also acknowledge her expertise. She speaks of the fact that there is no review of the investigations contemplated. It is incumbent on me and upon all of us to ensure that the terms of reference for a scoping exercise do not encourage the making of findings that are final in nature. This is an important aspect of the requirement for absolute clarity in scoping exercises arising from recent Supreme Court decisions. We might not like to acknowledge recent Supreme Court decisions but we have to be bound by the jurisprudence that is available.

The O'Farrell family are not restricted in any way in making any representations or in furnishing any documentation to Judge Haughton. Judge Haughton is not restricted in recommending any form of further inquiry or terms of reference in that regard. There is a desire on all our parts to get to the truth. In doing so, we should not open a scoping exercise up to legal challenge by requiring it to look into matters more appropriate to a full inquiry, which is of course something that Judge Haughton is free to recommend in any event. The simple and unavoidable fact is that the scoping exercise must be carried out in accordance with the law.I ask Senators to recognise that this is in the interest of all concerned, including, crucially, the O'Farrell family. We would not serve them well by establishing a scoping exercise without regard for the law because that would leave the resulting recommendations open to legal challenge. While the terms of reference of the scoping exercise are focused as required by law, they still allow for a review of the issues intended. Judge Haughton is free in his final report to make any recommendations he deems fit, including setting up any form of statutory, or indeed non-statutory, inquiry.

I welcome the constructive contribution and comments made by Senator Boyhan and I share his concern regarding the timescale involved. I am keen to ensure that we allow Judge Haughton proceed and establish the appropriate terms of reference as he deems fit in his final report. None of us should prejudge the report or its recommendations. We should also not risk delaying or undermining that important work by changing the terms of reference when Judge Haughton has already made good progress in the scoping exercise or by asking him to work under terms of reference not in compliance with the law. That would render his work vulnerable to legal challenge and further delay, and would not serve anybody well, especially not the O'Farrell family.

I and the Government recognise, appreciate and share the consistent interest Senators have taken in this tragedy. As Senator Boyhan rightly commented, however, we all have the same objective and we are working towards achieving it. I readily accept that the process is taking longer than any of us would have wished. I ask Senators, however, to recognise that the process should continue in accordance with the law and without delay or the additional risk of confusion that could arise from interference with the ongoing work of Judge Haughton. A clear process is in place and Judge Haughton has committed to producing his final report in the coming months. The O'Farrell family is working with his scoping exercise to ensure that all of the facts, and I do not say that lightly, are fully considered.