Gino Kenny
Question:92. Deputy Gino Kenny asked the Minister for Justice her views on conducting a public inquiry into the death of a person (details supplied); and if she will make a statement on the matter. [8769/22]
View answerThursday, 17 February 2022
Questions (92)
Oral answers (8 contributions)
I call on the Minister to launch a public inquiry in respect of Shane O'Farrell, who was killed on 2 August 2011 in the most terrible of circumstances. Since that terrible day, the family has sought justice and truth about Shane's death. I hope the Minister will oblige the family in its search for justice and truth.
I assure the Deputy that I recognise the pain and anguish the O'Farrell family has been going through because of the tragic death of their son Shane. I sincerely sympathise with them on their loss.
As the Deputy will be aware, a highly respected retired judge has been conducting a scoping exercise into the tragic circumstances surrounding Shane's death. The purpose of this exercise is to advise as to whether any further action, investigation or inquiry beyond those already carried out is necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference. This is quite a large piece of work already under way.
My Department maintains regular contact with the judge and has assured him that any assistance he requires to complete the final stages of his report will be made available to him. I do know he is at the final stages.
I am informed that he has sought comments on various sections of the draft report from the parties named in it, and he has confirmed that he has received responses from most of the relevant parties. Once this process is concluded, he should be in a position to finalise the report. I understand and appreciate that this has been going on for longer than people would have hoped but it is important that the judge be allowed to do his work and make the recommendations. Once I have received the final report, the advice of the Attorney General will be sought on its publication and any other issues arising from it.
The Government has never been opposed to the possibility of a further inquiry into this case, if that is what is recommended. I am certainly not opposed to it. However, the Deputy will understand that I do not want to pre-empt any view or advice that the judge considers appropriate in his final report. However, I will respond to what is in the report. If that includes a recommendation on a further inquiry, I will of course respond.
It is more than ten years since Shane O’Farrell was killed. The family has always sought the truth and justice. You do not need to be a legal expert to concur that there was systemic failure regarding Shane’s death. Not only was there systemic failure on the day he died but there was also systemic failure before that. You do not have to be a legal expert to look at the facts. One fact is that Shane O’Farrell should be alive today. We should not even be speaking about him today, but there was systemic failure.
I have a sincere question for the Minister. Judge Haughton has been doing a scoping exercise for the past three and a half years. What the hell is he scoping? Does he have a telescope on the universe? This thing is going on forever for the family. The Minister’s predecessor, Deputy Heather Humphreys, said seven months ago that the scoping exercise would be completed soon. Is it on the Minister’s desk?
No, it is not on my desk. The judge is independent in the work he is doing. It is important that I do not comment on, pre-empt or discuss what work he may be doing but I can say that any support required by him and his team has been provided. There is regular contact with the O’Farrell family. There are a few responses to be obtained. Once this is done, the judge will be able to produce the report. I appreciate that it is taking a lot longer than people would like. I would like to ensure the work done is thorough. There is no question but that this is the case. Regardless of what recommendations are made, I will absolutely take them on board, working with the Attorney General. We will respond to the O’Farrell family as quickly as we possibly can.
Deputy McEntee is the fifth Minister for Justice since the fateful day in question, 2 August 2011. Since then, there has been an internal investigation into what happened — an internal Garda inquiry into the systemic failures. It was quashed subsequently, which throws up more questions than ever before on the events surrounding Shane’s death. Many people watching this debate will be asking what happened. Why, in the circumstances, was Shane O’Farrell failed by the justice system? I respectfully put it to the Minister that only a public inquiry will result in the truth and justice the family is seeking.
As the Deputy has outlined, none of this is straightforward. I do not pretend to know the time the scoping exercise should or needs to take, but we must allow the judge to do the work he feels necessary in order to provide a clear, direct and pointed response to the questions asked, based on the terms of reference that have been set in this instance. I continue to support the work he is doing. He is engaging with the O’Farrell family to ensure constant contact and communication. I appreciate that the exercise is taking longer than the family would like but I am reassured that it is in its final stages and that the report will be produced and presented to me-----
Has the Minister any indication as to when the report will be finished?
I reiterate that once it is brought to me, I will respond as quickly as I can.
Question No. 93 replied to with Written Answers.