Dáil Éireann Debate, Thursday - 16 February 2023
2. Deputy Gino Kenny asked the Minister for Justice if he will indicate his support for a public inquiry into the death of a person (details supplied) who was killed in a hit-and-run by a driver while cycling near his home in Carrickmacross on 2 August 2011; and if he will make a statement on the matter. [8015/23]
View answerWill the Minister indicate his support for a public inquiry in relation to the death of Shane O'Farrell, which happened in August 2011? He was killed in a hit-and-run incident. Many of us would argue that death was completely unlawful and it could have been prevented. I would like to hear the Minister's opinion concerning the call from Shane's family and many of his supporters for a public inquiry into his death.
I thank the Deputy for raising this important matter. I start by expressing my sympathy to the members of the O'Farrell family on their desperately sad loss. Shane was clearly a wonderful son and brother with a bright future ahead of him and I know his loss is felt acutely by all those who had the great benefit of knowing him. As the Deputy will be aware, retired District Court Judge Gerard Haughton was appointed by the then Minister for Justice, Deputy Charles Flanagan, in 2019 to carry out a scoping exercise in light of the public controversy and concern surrounding the circumstances of Shane's tragic death. The purpose of the scoping exercise was to advise 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.
Judge Haughton submitted his final report to the Minister, Deputy McEntee. Since receipt of the final report, the advice of the Attorney General was sought and has been received in relation to the issue of publication of that report and other matters arising. The Minister, Deputy McEntee, wrote to each Department and agency responsible for issues giving rise to recommendations in the report and in July last year the O’Farrell family was provided with a copy of the report on a strictly confidential basis. I understand that the Minister, Deputy McEntee, together with the then Taoiseach, Deputy Micheál Martin, met with members of the O’Farrell family late last year regarding the report, both in terms of its content and issues regarding the publication of the report.
Obviously, I have taken up office in recent weeks. I am currently considering this important report myself and I intend to decide shortly on how best to proceed. I will, of course, then convey that decision to the O'Farrell family and seek Government approval or noting of the way in which I intend to proceed.
I thank the Minister. Many of us have spoken about Shane O'Farrell, who was killed 12 years ago. He should be alive today, if it was not for the systemic failure of our judicial system regarding what happened on that day. Shane and his family continue to be failed concerning that fatal day. The injustice lingers. Not only does grief linger but also injustice in the context of that family calling for a public inquiry into Shane's death. The more I look back over and observe the last few years in respect of how the report from Judge Haughton has been dealt with, nothing but a public inquiry will do in respect of Shane's death.
I thank Deputy Gino Kenny and I again reiterate my absolute sympathy and condolences to the O'Farrell family and all those who knew Shane. The report is a substantial document and my colleague, the Minister, Deputy McEntee, rightfully carefully considered its contents and, indeed, legal advice that was sought and received on foot of the report. Once I have concluded my consideration of the report and the associated legal advice, it is my intention to bring the report to Cabinet at that stage and I do expect to be in a position to do so shortly. As I said, the decision was rightly taken to provide the O'Farrell family with a copy of the report on 27 July 2022. It was appropriate and important that the then Taoiseach, Deputy Micheál Martin, and the then Minister for Justice met with the family late last year to discuss the contents of the report. Until such time as the report has been brought to Cabinet and published, I am obviously not in a position to discuss its contents. I remind colleagues, however, that one of the terms of reference was to advise on whether any inquiry is necessary into the systems and procedures etc. and the form of any such investigation or inquiry. It is important, therefore, that Members are given an opportunity to consider this report in full when it is published.
When will that report be brought to Cabinet? That is very important. Equally, how will it proceed after that? In 2019, both Houses passed a motion calling for a public inquiry. Before I came in, I looked at the definition of a "public inquiry". There are four main points of a public inquiry: to establish the facts, to learn lessons, to restore public confidence and to determine accountability. Surely all these elements are relevant regarding the failures concerning what happened to Shane O'Farrell on that day. I appeal to the Minister and the Government to establish a public inquiry into the death of Shane O'Farrell. I do not think anything else could suffice concerning the situation the members of his family find themselves in. I have not seen the report, but nothing else will suffice now other than a public inquiry into Shane's death.
I fully accept the Deputy's absolute sincerity on this issue. As the Deputy quite rightly said, the report has not been seen yet because it has not been published. He is asking me a direct question as to when it will be published. I am conscious of the substantial nature of the report and that there was a meeting between the family, the then Taoiseach, Deputy Micheál Martin, and the then Minister, Deputy McEntee. I am also conscious there was legal advice in respect of publication. I am considering all that and I intend to go to the Cabinet very shortly in relation to this matter.
We must remind ourselves and this House that the Government's decision to establish this scoping exercise by retired Judge Haughton was a direct response to the Oireachtas's request for further examination to be given to this issue. The final revised terms of reference for Judge Haughton's scoping exercise settled in July 2019 and the judge's remit was to advise the Minister for Justice on whether there were any circumstances surrounding the death of Mr. O'Farrell which warranted further investigation or inquiry beyond those already carried out, whether any inquiry was 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, the form of any such investigation or inquiry, its terms of reference and the suggested composition of the investigation or inquiry. The next step now is for me to finalise my consideration of the report and to advise the Cabinet on the matter.
