Matt Carthy
Question:14. Deputy Matt Carthy asked the Minister for Justice if he has concluded his deliberations in relation to the report into the death of a person (details supplied) and if he will publish this report. [6869/23]
View answerThursday, 16 February 2023
Questions (14)
Oral answers (9 contributions)
In an earlier response to Deputy Gino Kenny, the Minister said that the appointment by the then Government of former Judge Haughton was in direct response to votes that were taken in this House and the Upper House. I must contradict that. Those votes explicitly called for a public inquiry into the circumstances that led to the death of Shane O'Farrell and the actions of State agencies thereafter. How close are we to the establishment of a public inquiry, five years after those votes?
I thank the Deputy for raising this matter, which he rightly raises on a regular basis. What I said, and now repeat, is that the Government made a decision to proceed with the scoping inquiry as a response to the views of the Oireachtas. That was a decision made by the then Government. I know everybody in this House will join me in sending our condolences to the O'Farrell family on the tragic loss of Shane.
As the Deputy is aware, retired Judge Gerard Haughton was appointed by the then Minister for Justice in 2019 to carry out the scoping inquiry. He submitted his final report on this tragic case to the then Minister for Justice, Deputy McEntee, on 1 June 2022. Judge Haughton's final report requires careful consideration and since its receipt, the advice of the Attorney General was sought and has been received in respect of the publication of the report and other matters arising. The purpose of the scoping exercise was to advise the Minister as to whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
My colleague, the then Minister for Justice, Deputy McEntee, wrote to each Department and agency responsible for issues giving rise to recommendations in the report and on 27 July, she rightly provided the O’Farrell family with a copy of the report on a strictly confidential basis. I also understand, as the Deputy knows, that the Minister, Deputy McEntee, together with the then Taoiseach, met members of the O’Farrell family late last year regarding the content and publication of the report. I am currently giving final consideration to this important report before deciding how best to proceed. I will then advise Cabinet, in advance of which, I will, of course, advise the family.
The reason I say the decision of the Government to initiate a scoping exercise was in contravention of the wishes of the Dáil is because the Dáil made it clear that there is a need for a public inquiry and yet the Government decided to extend this process even further.
The person who was responsible for the death of Shane O'Farrell is a man named Zigimantas Gridziuska. Nobody is disputing that he has primary responsibility for Mr. O'Farrell's death. Mr. Gridziuska should have been in jail at the time. When Mr. O'Farrell was killed, Mr. Gridziuska had committed 30 offences while on bail. He had ignored court orders and conditions from both District and Circuit Courts again and again. He was subject to several arrests and a number of bail conditions that were supposed to be upheld but none of them was. These are serious questions.
Of course, the primary people asking those questions are Shane O'Farrell's family because they want the truth about how this man was at large and able to kill their son when he should have been in jail. There are also public interest questions. The wider public deserve answers to these questions as well.
I am not sure of the Dáil rules regarding what can be said on matters like this.
Certain facts are out there.
I will just be careful in my role. With regard to the factual position, Judge Haughton was asked to carry out a scoping exercise. The terms of reference of that exercise were settled in July 2019. The judge's remit was to advise the then Minister for Justice and now myself as to whether there were any circumstances surrounding the death of Shane O'Farrell that warrant further investigation or inquiry beyond what has already been carried out; whether any inquiry is necessary into 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 O'Farrell's death; and the form of any such investigation or inquiry, its terms of reference and suggested composition. While the O'Farrell family received a copy of the report and met the then Taoiseach and then Minister in that regard, the report has not yet been published. I am now making a decision as to how best to proceed, reflecting the views expressed in the meetings that have taken place, the Attorney General's advice and the content of the report. I will advise the Cabinet on this very shortly, having advised the family in advance. Once we arrive at a point where people can consider the report, they will be able to consider its contents.
Under the European Convention on Human Rights, the State is obliged to ensure an effective investigation into the wider circumstances surrounding the death of a citizen. In Mr. O'Farrell's case, that has not happened. There has never been a proper inquiry that is thorough, comprehensive and transparent. This House has determined that the only way that can be done is through a public inquiry. Some 11 months before this man killed Mr. O'Farrell, he was before a Circuit Court judge. In continuing the bail, this judge specified that if this person were to reoffend in any instance, he was to be brought back before that court. This person committed 11 further offences, including an offence that was committed a half hour or thereabouts before Mr. O'Farrell was killed, when this individual was stopped by gardaí. The questions involved in this are profound and will have serious repercussions for An Garda Síochána, the Courts Service, the Director of Public Prosecutions and, perhaps, other State agencies. However, as a State, we have to get answers to those questions. We have to expose where wrongdoing has occurred to ensure that no other family goes through what the O'Farrell family has been going through over the last 12 years.
I listened to the Minister's reply. It truly goes to the heart of this matter. Most of us will probably have met Lucia O'Farrell at some point over the last number of years. She has been a dedicated warrior to get justice for her son. The problem we have in this State is that, when a mistake is made, the initial reaction of many State agencies is to cover it up and then to cover up the cover-up. That has been the experience of a great many people. In this particular case, there is an opportunity to do the right thing. Deputy Carthy asked the Taoiseach a question on this yesterday and the Taoiseach said that the Minister for Justice was determined and anxious to publish the scoping inquiry. The Minister's hands are not tied. He should publish it and get on with this business because this family can no longer be left in the agony they have been experiencing for years and years. It is about time to do the right thing.
I cannot imagine the grief or pain of the O'Farrell family on the loss of their son. I again express my condolences and those of the Government to that family. I know the Deputy is not impugning anyone's integrity but we did ask a retired judge, a person of integrity, to do as the Deputy has suggested, that is, to examine all of the circumstances and to advise me as to whether there are other areas that warrant further investigation or inquiry. I have that report and have sought legal advice on it. The O'Farrell family was rightly provided with a copy of the report and had an opportunity to talk it through with the then Taoiseach, Deputy Micheál Martin, and the then Minister for Justice, Deputy McEntee. My understanding is that, at that meeting, both the content and publication of the report were discussed. I am now reflecting on those matters and on the legal advice I have received. I expect to be in a position to go to the Government on this matter very shortly. As is right and proper, I will advise the O'Farrell family in advance of doing so.