Dáil Éireann díospóireacht -
Wednesday, 3 May 2017

Vol. 949 No. 1

Leaders' Questions

Deputy Micheál Martin

On 2 August 2011 young Shane O'Farrell was killed in a shocking manner by a Mr. Gridziuska in an horrific hit and run incident while he was cycling towards Carrickmacross. Mr. Gridziuska did not brake, stop his vehicle or check on Shane O'Farrell's condition. He fled the scene, abandoned his car and hid it very well 5 km up the road. One issue is that he should not have been at liberty at the time if the criminal justice system had been working properly. He had been in breach of bail conditions 18 times at least and had suspended sentences. He had actually been sentenced to a custodial sentence which he did not serve. He was well known to An Garda Síochána, Interpol and the PSNI. He had an extensive criminal background with at least 40 previous convictions for a variety of offences, including theft, aggravated burglary, handling stolen property, malicious damage, drug-related offences, including the possession of heroin, and road traffic offences. In June 2010, a year before Shane's death, he was sentenced to six months in prison but he never served one day of it. We do not know why. All through this, the O'Farrell family, particularly Shane's parents, Lucia and Jim, and his sisters, have been stoic, courageous and brave in pursuing justice for their son and brother who was a talented young lawyer and student who had everything to give in his life.

The entire case reveals shocking malpractice and dysfunction in the criminal justice system at all levels. The O'Farrell family have complained to An Garda Síochána, the Garda Síochána Ombudsman Commission, GSOC, the Director of Public Prosecutions and regarding the Director of Public Prosecutions to the Department of Justice and Equality. They are awaiting a GSOC report. It is clear that they were misled by the Garda about the facts of their son's death. The courts were misled by the Garda and others. They were not informed of relevant information when judges asked questions about the accused.

Fundamentally, offences involving a violent death should not go unpunished. I know that other Members have met Lucia O'Farrell and her family. We owe it collectively to them to ensure justice is done.

The most effective way at this stage, in our view, is for an inquiry to be established into all the aspects of this case so we can learn lessons and justice can be delivered for the Farrell family. It would enable the dysfunction within our criminal justice system highlighted by this case to be put to right. Has the Government given consideration to this? I know the Taoiseach and Tánaiste met the O'Farrell family but it is now time for action.

Minister for Education and Skills (Deputy Richard Bruton)

I thank the leader of Fianna Fáil for raising this issue. I am very aware of the case and one can have nothing but sympathy for the family of the late Shane O'Farrell for the appalling experience they have gone through and the loss of a very young life in such a tragic way. The Deputy correctly raises questions about the failures that occurred in many parts of our justice system in this case but I cannot pass judgment on any of those. I know the Tánaiste and Minister for Justice and Equality met the family and I am sure she is considering the issues raised. I am sure many of the relevant matters are being examined by the Garda Services Ombudsman Commission but it goes deeper than that. As the Deputy knows, the Dáil recently established a commission to look at deeper issues within the Garda surrounding the culture, management and recruitment. We have had very worthwhile debates in the House about the need for such a commission to give public confidence and reassurance to those gardaí who every day go out and put their lives on the line in pursuit of those doing wrong in our society.

To answer the Deputy's question, it has not come to Cabinet to the best of my knowledge to consider the specific circumstances of this case. As I understand it, under legislation it would in the first instance be for the Minister for Justice and Equality to propose issues relating to the suggestion made by the Deputy of a public inquiry. I cannot shed light on whether there is a case for such a public inquiry as I do not have access to sufficient facts and detail on that. It is perhaps an issue that can be raised directly with the Minister for Justice and Equality. I will certainly convey the concern of the Deputy to the Minister.

In the past number of years in the Dáil we sought to establish much stronger institutions of accountability and oversight within the Dáil. We have established the Garda authority and strengthened the Garda Services Ombudsman Commission. We have also established the Garda Inspectorate. No system will be perfect but I hope these new institutions will lead to a position where incidents like this cannot be repeated. It is a continuous battle and I will draw to the attention of the Tánaiste the concerns raised by the Deputy.

Deputy Micheál Martin

I have raised this with the Tánaiste. The case reveals a litany of dysfunction that is incredible. On that night of 2 August 2011, an hour before Shane O'Farrell was killed, Mr. Gridziuska - the man who was driving in the hit-and-run car - was a passenger in a vehicle stopped by the Garda national drugs unit. At the scene the gardaí believed the driver and two passengers were in possession of a controlled substance. In any event the vehicle was being driven by an uninsured driver and the vehicle did not have a valid national car test certificate. The gardaí failed to seize the car and instead selected Mr. Gridziuska to switch from being a passenger to being the driver. The gardaí failed to consider whether Mr. Gridziuska had valid insurance for the vehicle. It is an extraordinary case. We can learn lessons from the extraordinary level of dysfunction in this case. It is depressing to have to witness it time and again.

For five years Lucia and Jim O'Farrell, along with their family, have been pursuing this case. In all honesty and sincerity, it is time the Oireachtas responded in the only way possible, which is the establishment of an inquiry.

Deputy Richard Bruton

I cannot draw a conclusion on that.

Clearly, if we establish an independent Garda Síochána Ombudsman Commission under law, give it the authority to interview the gardaí concerned in the type of instances the Deputy describes and give it, under a strong judge, the power to pursue such cases, I expect the Minister would wish to see the conclusion of that work before any decisions would be taken. I understand that the work is at an advanced stage, so hopefully that will shed light on what has occurred and give the Minister an opportunity to form a judgment as to whether further action is necessary or whether the Garda Síochána Ombudsman Commission can take the necessary action to deal with it. Sadly, nothing that will be done now can bring back the life of a person lost in such tragic circumstances. However, a process is being pursued which, hopefully, will shed light on what are the necessary steps from here on, be it amendment of legislation, disciplinary action, the suggestion made by the Deputy or whatever is appropriate.

Deputy Gerry Adams

Last evening, party leaders were invited to a meeting with the Taoiseach for a briefing on the Government's position paper in the wake of the EU Council meeting on Brexit. The meeting was a farce. We were not furnished with an advance copy of the 60-page document, or any copy for that matter, which meant that a discussion on the Government's published approach was not possible. The meeting was effectively abandoned. This reflects the Government's persistent refusal to consult properly with the leaders of the Opposition on important issues such as this.

Sinn Féin has consistently advocated that the Government take a stronger position on Brexit. We made detailed submissions to the Taoiseach both before and after the draft EU negotiating guidelines were published. Following our recent criticism, in response to Deputy Pearse Doherty the Taoiseach advised us that the Government had submitted further wording in advance of last Saturday's meeting of the 27 EU member states. However, the Dáil has not been told what these amendments were. I can find only one minor amendment in the agreed text. That is what the Government got into the text. What it did not get into it was a commitment that there would be no agreement on the Border or on the status of the North without a separate and binding agreement between the Irish Government and Britain. That would have been similar to the position secured by Spain in respect of Gibraltar. I suspect we did not get that because we did not ask for it. Irish unity was not mentioned in the initial draft guidelines. Again, I suspect that the Government did not ask for it. It is not in last Saturday's guidelines either. Did the Government even try to have it included? The Taoiseach refuses to tell us, so perhaps the Minister, Deputy Bruton, could let us know. Instead, the Government settled for it being in the minutes of the meeting.

While that is a welcome development, it is no accident that it is not reflected in the directives published by Michel Barnier today. His negotiating directives for the European Commission are in line with the European Council guidelines. That means they are generally vague and aspirational. That is neither Michel Barnier's nor the European Commission's fault but the responsibility of the Taoiseach. Mr. Barnier is well disposed towards Ireland but he can only do what he is asked to do. The record is pitiful and lamentable. The record of this and the last Government in dealing with our European partners is not a good one. The European Council guidelines could have gone considerably further. We all know there is a recognition in the European Union of the special unique circumstances faced by Ireland as a result of Brexit but a stronger approach by the Government could have achieved a great deal more. This means there is a huge amount to do in the forthcoming negotiations.

I do not know if the Taoiseach will be around to follow through on that or whether he will hand the task to somebody else when he finishes his long goodbye. Will the Minister implore the Taoiseach to seek support for designated status for the North within the European Union, in other words, to keep the entire island within the EU, and insist on a veto for Ireland on any deal that does not include that provision?

Deputy Richard Bruton

I thank the Deputy for raising this issue. It gives us an opportunity to acknowledge the tremendous work done by the Taoiseach and many others across the Government, including the Minister for Foreign Affairs and Trade and other Ministers, and by many throughout the public service.

A fair and balanced judgment of the negotiating mandate would recognise that we could not be in a stronger position than we are in terms of the letter from Downing Street and the recognition it gave to the concerns about Irish issues, the protection of the peace process, the common travel area, opportunities for trade and so on. That is further enshrined in Article 11 of the negotiating mandate agreed to at the weekend.

The European Union has set out very clearly the issues of unique concern to Ireland and openly recognised the Good Friday Agreement and the need to recognise what it means for Northern Ireland into the future. It has recognised the need to avoid a hard border and its importance, not just economically but also politically and for the common travel area. It recognises that those prior agreements such as the common travel area that were part and parcel of our arrangements before the European Union was established are recognised as legal instruments and have to be taken into account in the negotiations.

The Taoiseach and his team have put us in a very strong position. Not only that, significant work has been done in examining every sector of the economy and building on the basis of what we have achieved to date in order to make the economy resilient in order that we can meet these challenges. Today the CSO has recognised that the level of unemployment is now 6.2%. Over 200,000 extra people are back at work. This has been achieved through a consistent approach by the Government to diversifying our exports, strengthening innovation in the economy and enhancing the enterprise base of the economy. These measures are vital.

I rarely hear speakers from Sinn Féin say how important it is that we sustain the economic resilience that was built so painstakingly because that essentially is the way in which we will be able to respond creatively to the challenges. It is very encouraging to note that the European Union has stated that, in view of the unique circumstances on the island of Ireland, flexible and imaginative solutions will be required, including the aim of avoiding a hard border, while respecting the integrity of the legal order in the Union. The European Union went on to state that, in this context, it should also recognise existing bilateral agreements and arrangements between the United Kingdom and Ireland which are compatible with EU law. The European Union could not have gone further at this point. We all know that we are embarking on a challenging period of negotiations and that we have to have the resilience and flexibility to respond as the situation develops. I can assure Deputy Gerry Adams that the Government has put a lot of preparation into ensuring we will be in such a position.

Deputy Gerry Adams

The Minister has said flexible and imaginative solutions are required. What does that mean? Is it a case of "Whatever you are having yourself"? Everyone in the Government is a negotiator. He or she needs to have substantive, definitive, clear and unqualified commitments rather than wishy-washy rhetoric. It is clear that Brexit will have a serious and detrimental effect on Irish jobs and businesses, in particular in the agriculture and agrifood sectors. I did not argue that the document produced by the Government was not the result of hard work, especially on the part of public officials. I do not doubt them and commend them for their work. The problem is that that work has not been directed by any big political vision or strategy. It is little wonder that Michel Barnier's directives are vague. That is the failing of the Government and the Taoiseach. It is not a criticism of anyone except the Government. These challenging times demand political direction which is visionary and imaginative, but it is not being provided. If we do not provide it, no one else in the European Union will do it for us. We need clear and definitive proposals.

I again make the case that the best way to secure our future is through achieving designated special status for the North within the European Union. Incidentally, that would recognise the decision of the people of the North who voted to remain but the Government continues to resist it. Why will it not call for special designated status for the North within the European Union? I ask the Minister to riddle me that.

Deputy Richard Bruton

If the Deputy reads what has been agreed to in the negotiating mandate, he will see that the special position of Ireland is being recognised in every dimension the Government sought. He has complained that the Government did not start out with a strategy. We had a very clear strategy.

We set that out at the time to protect the peace process and the common travel area and to ensure we did not have a hard border. We sought to ensure that we guaranteed in so far as possible the protection of trade. Those were the goals of Government at that time and they have now been adopted not just by the European negotiating team and Michel Barnier but also by the European Council itself. The UK has also recognised the importance of these issues. The strategic goals we set have been adopted not just by the European Council but by Britain, which puts us in the best possible position to negotiate the solutions we want. While, of course, we are only at the start of a negotiating process, this mandate very clearly bears the marks of the work of the Taoiseach and that is to be welcomed.

Deputy Gerry Adams

That is very clear.

Deputy Brendan Howlin

Deputy Micheál Martin has already raised a most distressing case. Almost a month has passed since the House debated the urgently needed reform of An Garda Síochána. The Minister will recall that the debate was a bit of a farce in that the amendment tabled by my party was carried while every other amendment and then the substantive motion itself were all defeated. As such, the Dáil ended that protracted discussion with no clearly determined decision on this urgent matter. Nevertheless, there was a sense of unity in the Chamber on a couple of points during the debate. First, there was agreement on the need to provide the Policing Authority with greater powers to require the Garda Commissioner to implement the radical reform agenda set out in the inspectorate's report. Second, there was broad agreement on the need to establish a root and branch, or Patten style, review. Unfortunately and as is so often the case in relation to justice matters, which Deputy Martin highlighted, once the spotlight disappears so does the sense of urgency.

Almost a month has passed and we have yet to see concrete results. Indeed, six weeks have passed since we learned of the huge exaggeration of the breath tests. Almost three months have passed since we agreed on the need for the establishment of the Charleton commission and the first report of such a root and branch review emerged and was agreed. I must ask for an update on the progress being made because none has been presented to the Dáil to date. There are no Garda updates on the implementation of the Garda Síochána Inspectorate's reforms. Gardaí cite work pressures which prevent them from getting around to doing this. Last week, the Policing Authority made clear its frustration at the slow rate of progress on some of the significant reforms required. The Garda Commission must act now, as must Government. A valid concern has been raised about the proposed root and branch review which is that it will delay much-needed reform. Such concerns are given legs when more and more delay is evident and the review is put off. My question is straightforward and has been asked before. When will we see an establishment date for the reform commission, details of its chair and a timeframe for its report and the bringing of proposals to the House?

Deputy Richard Bruton

I assure the Deputy that there is no delay being put in the way of the establishment of the commission. It is a high priority for the Tánaiste. It is worth recalling that it was only on 11 April that it was agreed in principal by Government that such a commission would be established. We had a wide ranging debate in the Dáil and a lot of the issues raised were reflected in the approach the Government was taking. These include the broad base of the agenda it has, the structures and management arrangements, the appropriate composition, recruitment and training of personnel, the culture and ethos of policing, the appropriate structures for oversight and accountability and the legislative framework for policing. It is a broad-ranging approach and care must be taken to ensure that we do not in any way undermine the important work, which the Deputy recognises, of the Garda Síochána Inspectorate or of the Policing Authority.

Both of these bodies are not only growing in public respect but we can see the mark of the impact of their recommendations in some of the operational actions of the Garda. There is a long way to go, and everyone in the Dáil has recognised this and that there have been some really disturbing events which have led to the point where we are establishing this commission. It is coming at the right time. We are establishing this deep commission at a time when we have made significant progress. It would be churlish not to recognise some of the successes of the Garda in recent times. If we look at the crime figures we see substantial reductions in many crimes which have impacted on people's lives.

Deputy Brendan Howlin

If we can believe them.

Deputy Richard Bruton

There is progress in the way the Garda is deploying and impacting on serious crimes affecting people. It is important to recognise the strengths and weaknesses that have been exposed. I am convinced of the approach of establishing a commission and making sure it has the right make up, in other words that its membership is drawn from those areas which will maximise its impact on the future of policing and, at the same time, that it recognises the success of some of the instruments of accountability and oversight we have put in place, and which Deputy Howlin has been party to, such as the establishment of the whistleblowers Act. We have a base on which to work and the Government regards this as a very high priority. The Tánaiste will revert when she has taken substantial hearings about the concerns that need to be met in drawing up the final terms of reference and presenting them to the Government and the Dáil.

Deputy Brendan Howlin

I am even more confused. Is the Tánaiste going to embark on hearings?

Deputy Richard Bruton

Sorry, listenings let me say.

Deputy Brendan Howlin

Is it listenings or hearings? The bottom line is the Minister listed out exactly the matters that were listed out in the Chamber four weeks ago. My question is what has happened since. Where is the inquiry? Who will chair it? How will it be constructed? We know the issues that need to be addressed. We debated them here four weeks ago. It is progress on these matters now that is required and we have not got this. I ask the Minister, simply and again, not to tell me what needs to be inquired into. We have had that debate. Tell me when the inquiry is to be established, how it is to be constructed, when it is to report and who will chair it.

Deputy Richard Bruton

Those issues will be informed to the Dáil as soon as the proper care has been taken to ensure the commission we establish-----

Deputy Brendan Howlin

When?

Deputy Richard Bruton

-----has the ability to do its job to the maximum impact, and that is a priority for the Tánaiste and the Government. The Tánaiste has indicated she will return to the Government as soon as possible with the details. If we came forward with membership that was not adequate the Deputy would be the first to ask why X was not considered, why we do not have an international expert-----

Deputy Brendan Howlin

Let us talk about it.

Deputy Richard Bruton

----or why we do not have various dimensions. It is important the Tánaiste takes the time to ensure this is right.

Deputy Brendan Howlin

How long?

Deputy Richard Bruton

We are creating a commission that will design the future of the Garda, for the next century we may say. It will shape the future of this very important force that is integral to our community. It is right that we take the time to get it right. Of course, I can understand the urgency but we also have to take the time to get it right. The time that has passed since we debated this and set out the scope that the Dáil thought needed to be embraced by the commission is sufficiently short that the Tánaiste should be given this time to get it right.

Deputy Ruth Coppinger

Obviously, I would prefer if it was the Taoiseach answering today, no offence, because I wanted to ask him his views on two words which have not been uttered in the Dáil since it reported, namely, the Citizens' Assembly. Last autumn, the Taoiseach set up the Citizens' Assembly. He made it very clear it would do a first-class job. Ten days ago, the assembly finished its deliberations and recommended that the current eighth amendment had to go, that the Dáil had to legislate for abortion rights and that ultimately women themselves should be the people who make the decision that they need an abortion. I was wondering whether the Taoiseach, given the Citizens' Assembly was his brainchild, feels like the parent whose child has rebelled against him. It is very clear the Taoiseach thought the Citizens' Assembly was a pliable ploy that would come back with very minimal change. When we put 99 members of the public in a room and asked them to discuss this topic and asked them really to engage and debate it, they actually came back with a compassionate and realistic response. They want an end to hypocrisy.

Does the Minister agree that the Citizens' Assembly was a randomly selected representative sample of people from across the country like the Taoiseach said? If so, does he now believe that so-called "middle Ireland" might actually be more progressive than the Minister and others thought and that the journalists who were tone policing and advocating slow change were actually behind the curve? After all, the Minister, Deputy Richard Bruton, the current Minister for Health, Deputy Simon Harris, and the previous Minister for Health, Deputy Leo Varadkar, thought it would be fine and dandy that a National Maternity Hospital could be given over to a religious order with a history of abuse and that nobody would think that a problem. They were way behind public opinion because the general public thought otherwise.

The Tuam scandal has graphically illustrated for the public that the Catholic Church was not pro-life when it came to poor, pregnant women and their babies, but unfortunately the change in social attitudes is not reflected in this Dáil. It would appear that, right now, only Solidarity, People Before Profit and a handful of Independents have the same position on abortion as the Citizens' Assembly has recommended. Does the Minister agree that there needs to be a concerted campaign of engagement and political pressure now to bring most of the parties in the Dáil up to the level of public opinion on abortion rights? The thousands who have been demanding repeal have to actively contact and seek meetings with Deputies telling them that they want change and a referendum. Would the Minister agree that the fifth anniversary of the death of Savita Halappanavar would be a very timely occasion for this issue to be resolved? Having the Citizens' Assembly as the chosen method of dealing with the eighth amendment, are he and his party going to accept its findings or are they going to try to water them down as has been advocated by some?

Deputy Richard Bruton

First of all, I will pass on the Deputy's disappointment that the Taoiseach was not here to answer her question. I am sure the feeling is mutual.

Deputy Ruth Coppinger

I am sure it is.

Deputy Richard Bruton

He has other business today.

This has been a very difficult and divisive issue throughout the history of this country. I have been around for long enough to recognise how difficult it has been for many people. The motivation of the Taoiseach in establishing the Citizens' Assembly mirrors what he did in the case of the X case. As the Deputy knows, the X case lay around for 20 years, and no Dáil had the courage of its convictions to deal with what the Supreme Court had found in the X case. The Taoiseach established a process that allowed the Dáil to make those decisions. Those were done under his stewardship. The approach he took was to have a Citizens' Assembly, to follow that up with an Oireachtas committee and then to move on to legislate. He is mirroring that approach in what he is doing now. I commend the Citizens' Assembly and Ms Justice Mary Laffoy for the painstaking work that they have taken upon themselves. I am looking forward to that report which will be with us before the end of June. The Oireachtas is going to establish an all-party Dáil and Seanad committee to examine the recommendations coming from the Citizens' Assembly, and that will come back to the House. That will be done within three months of its sitting.

The Government's intention is clearly that this will not lie untouched. This is an issue of considerable importance to the people. We have established an approach that has proved itself in the past. It will give the opportunity to this House to consider these issues in a fair and balanced way without seeking to push or bully people but allowing a sensible debate based on the facts and on the work done by the assembly and by others. That is an approach that commends itself. It is the Legislature doing its work, and it is innovative in bringing in the Citizens' Assembly, which as the Deputy recognises herself, has been a very useful exercise in broadening the base of the discussion that we can have. It will be coming back to the Oireachtas and the opportunity will be here to thrash out the issues, through the committee initially and then here on the floor of the House.

Deputy Ruth Coppinger

I hope the Minister will answer this on his second chance. I know it is coming back to a committee and to the Oireachtas. My question was if members of Fine Gael will implement these findings or if will they ignore them. When they get onto the committee, will they seek to respect the deliberations of the Citizens' Assembly or will they seek to water them down?

The Minister and many other parties in the Dáil have not recognised that it is no longer business as usual for church-State relations in this country. That is the reality. We have the recent census figures which show there was a 75% increase in the numbers of people declaring no religion.

On Sunday, there will be march at 2 p.m. from the Garden of Remembrance, organised by Parents for Choice, to demand that the National Maternity Hospital is taken away from religious control and that church and State are actually separated in this country. I say to all those young people and women who have demanded repeal and change for a number of years that if this issue is not dealt with by the Dáil in the appropriate manner then the fifth anniversary of the death of Savita Halappanavar should be the occasion for the biggest ever pro-choice march in history in this country. People should not allow political parties to be behind the curve, as they all currently are on this issue. I would appeal to young people in particular in that regard.

I would appreciate if the Minister could answer whether Fine Gael will go into the committee respecting the Citizen's Assembly findings or not.

Deputy Richard Bruton

The Citizen's Assembly has made vital contributions to this debate, and I look forward to the details of it. I have not seen the details of it, and I do not believe any Deputy has. Deputy Coppinger herself, as an advocate of repeal, wants to see the Legislature having responsibilities in this area. The duty of every Member of this Legislature, from whatever party they come from, is to consider this issue on its merits and to make decisions here as a collective group elected by the people to decide on these issues and put whatever recommendations we decide on, if that is the judgment of the Dáil. The Legislature has to do its work. While we welcome the view of Citizen's Assembly, it is an input into our work. It has been recognised that we now need an Oireachtas committee, which will be composed of both Senators and Members of the Dáil, to tease through the issues and come back to the Dáil with recommendations so that we, as a collective group, can do the job we were elected to do.

Deputy Ruth Coppinger

Was the Citizen's Assembly a waste of time then?

Deputy Richard Bruton

Each and every Deputy has a responsibility, as our party has recognised, to consider the merits of these issues and make decisions on them.