Dáil Éireann Debate, Tuesday - 29 January 2019
269. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has given further consideration to the establishment of a full public inquiry or commission of investigation into the death of a person (details supplied) and the subsequent Garda investigation; and if he will make a statement on the matter. [4320/19]
View answerAs the Deputy will be aware, I have addressed the matters referred to in this question over the recent weeks and months in some detail. I have also indicated that I had sought the advice of the Attorney General on how I should proceed in the context of the resolution passed by this House last June calling for a public inquiry into the circumstances surrounding the tragic incident in which Shane O'Farrell lost his life.
I want to reiterate that the outcome of GSOC's criminal investigation into complaints made by members of the family of Shane O'Farrell and following a referral by my predecessor set out in an interim report issued last year. That investigation concluded that no criminal misbehaviour by members of An Garda Síochána was disclosed. GSOC's investigation found that, while no conduct occurred which would require criminal sanction, certain aspects were identified as requiring further investigation which may lead to disciplinary proceedings against one or more members. The investigation of those matters by GSOC is still ongoing. In the circumstances I do not propose to comment further while the investigation is proceeding. I know that it can be frustrating that investigations are not completed as quickly as people would like. However, our overriding concern must be that investigations are comprehensive and conducted to the highest standards.
As Minister for Justice and Equality, I am acutely conscious of my responsibility, and that of all Members of the House, to respect the independence of the Ombudsman Commission and guard against improper interference with its investigations.
With regard to the motion passed by this House last June, it referred to the need to examine the actions of the Gardaí, the Director of Public Prosecutions, GSOC and the Courts. I would remind the House of the constitutional independence of the Courts and the statutory independence of the Gardaí, the Director of Public Prosecutions and GSOC. These are important matters which must be taken into consideration if there is to be a further examination or investigation of issues related to this tragic case.
Having considered the options which appear to be available to me, I have, as I have already said, sought the advice of the Attorney General to determine how I may proceed in relation to the terms of the motion.
I have received that advice, and I am currently considering the options open to me. Once I have completed that consideration, which I expect to have done shortly, I will inform all interested parties, including the O'Farrell family.
