Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I welcome the opportunity for statements on the report of retired Judge Gerard Haughton arising from the scoping exercise into the circumstances surrounding the tragic and untimely death of Shane O'Farrell, aged 23, in August 2011 in a hit-and-run incident involving a car driven by Zigimantas Gridziuska, who is referred to in the report as "ZG". The sudden loss of Shane at such a young age, with his whole life ahead of him, was a tragedy for those who knew him, particularly his family. I acknowledge his parents, Lucia and Jim, who are in the Chamber and who were in the Dáil earlier, and all his family members who are here this evening. Like many of us in the Seanad today, I have met the O'Farrell family. I know the loss they feel every day, which I acknowledge now in the Seanad, having already done so in the Dáil.

As Senators are aware, the background to the Government's decision to establish the scoping exercise was in response to the desire of both Houses for further examination to be conducted into the circumstances of Shane's death. I thank Judge Haughton for conducting the scoping exercise, including throughout the Covid-19 period, and all those who co-operated with the process. The final revised terms of reference for the scoping exercise were finalised in July 2019 by the then Minister for Justice and Equality, Deputy Flanagan. The terms of reference required Judge Haughton to advise the Minister on whether there were any circumstances surrounding the death of Mr. O'Farrell that warranted further investigation or inquiry beyond those already carried out and, separately, whether any inquiry was necessary into the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and the relevant State agencies and bodies operating at the time of Shane's death. It was a requirement of the judge that where a further inquiry was recommended, he should also suggest the form of any such investigation or inquiry, provide draft terms of reference and then suggest the composition of the investigation or inquiry. The position of the Government was always that Judge Haughton was free to make any recommendation he saw fit. The terms of reference were finalised on the basis of advice from the Attorney General. Judge Haughton helpfully sets these matters out in his report, including both original and revised terms of reference.

On the conduct of the scoping exercise, I recognise that the report took almost three years to complete. I understand this was due to the judge's desire to be as comprehensive as possible and also, in part, the impact Covid-related restrictions had on his ability to engage with all the necessary parties. When Judge Haughton submitted his final scoping report to me on 1 June 2022, I then sought the advice of the Attorney General on the matter of publication. Subsequently, my colleague, the Minister, Deputy Harris, brought the final report to the Cabinet meeting on 25 April 2023. At that meeting, the Government noted the final report of the scoping exercise before it was laid before the Houses of the Oireachtas and, on 3 July, published.

The O'Farrell family understandably has been extremely prominent and engaged with the scoping exercise. I thank the family members for their contribution and engagement. As Senators are aware, last November, the Tánaiste, who was then Taoiseach, and I met with members of the O'Farrell family regarding the report, including both content and publication. The Minister, Deputy Harris, also met with members of the family in May this year. The Government and I are very mindful of the family's loss and the significant time family members have spent engaging with many Members in this House and in the Dáil.

It is clear from reading the report that Judge Haughton carried out a very thorough review of all relevant material and has produced a robust and measured report. The 416-page document is comprehensive and sets out all the issues within the terms of reference in some detail. I understand that having fully engaged with each issue raised, Judge Haughton concludes that no further investigation or inquiry is warranted beyond those already carried out. The report gives attention to the circumstances of the tragic incident itself and sets out the elements that contributed to it. In setting out the circumstances, he has been forthright in his view that a variety of factors contributed to the incident. The judge further finds there are no circumstances in the context of the granting, objecting, revoking of bail or the monitoring of compliance with conditions of bail that warrant further inquiry. He makes a similar finding about the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of Shane's death.

Judge Haughton makes several recommendations regarding bail, suspended sentences legislation, amendments to the Road Traffic Act and notices of appeals administered by the Courts Service. For example, the report acknowledges that new legislation has already been introduced in respect of both bail and suspended sentences. The Department will complete an initial examination of legislation in this area shortly, as part of its continuous review of the criminal law, to identify whether any further legislation or amendment is required regarding suspended sentences and-or bail. My officials are also engaging with stakeholders on the procedural matters raised by the judge to see how they might be progressed. While the State's bail laws provide for the refusal of bail in certain circumstances, the presiding judge is entirely independent in the exercise of his or her judicial functions and the decision to grant bail in a particular case is solely a matter for that judge. An Garda Síochána advises that the State's amended bail laws have proven to be effective. All legislative provisions are, of course, kept under review. The Government today agreed to progress in the forthcoming road traffic measures Bill provision for charges of careless driving, arising from a recommendation by Judge Haughton.It would of course have been open to Judge Haughton to have recommended a tribunal of inquiry, a commission of investigation or an inquiry under section 42 of the Garda Síochána Act if he had found that such an inquiry was warranted. There has been a criminal trial, a Coroners' Court, the independent review mechanism, a Garda Síochána Ombudsman Commission, GSOC, investigation and the Haughton scoping exercise concerning the tragic death of Shane O'Farrell. The independent report by Judge Haughton does not provide a basis for the Government to establish any such inquiry.

I will turn now to a couple of issues raised in the Dáil in recent weeks. The first concerns that a file was held within the Garda national crime and security intelligence service regarding Zigimantas Gridziuska. I note that Judge Haughton deals with this in his report and concludes he was entirely satisfied with the co-operation he received from An Garda Síochána in this regard.

The second concerns the return of an exclusion order regarding Zigimantas Gridziuska which was imposed in 2013 and expired earlier this year. I have spoken to Shane’s family on this matter, responded to them, and I undertook to engage with An Garda Síochána. To date, An Garda Síochána have not located the whereabouts of this individual. If his whereabouts become known, I will of course examine this issue again. In such instances, there is a clear process that must be followed. In order to make a further exclusion order, the person in question must be notified of the Minister’s intention to make the order and they must be given an opportunity to make representation to the Minister in this regard. As I have said, I will commit to examining this if the whereabouts of this individual become known.

l am grateful for the opportunity to speak on this matter this evening. Again, as I have said, I know it is not what the family wishes to hear or would want to hear. I regret that this is where we find ourselves again this evening. I can commit that the Department of Justice and other Government Departments and State bodies will continue to focus on implementing the technical and procedural recommendations set out by Judge Haughton in his report.