As the Deputy will be aware, a retired Judge, Gerard Haughton, is currently conducting the scoping exercise into the tragic circumstances surrounding the death of the late Shane O'Farrell.
Judge Haughton furnished an interim report to my predecessor in November 2019. In his interim report, the Judge stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise.
I can confirm that my Department recently received a letter from Judge Haughton updating the Department on his progress. In this correspondence, the Judge requested a further extension of the timeline to 1 March 2021, and set out a clear and detailed rationale for this extension. I understand from Judge Haughton that he provided a copy of this letter to the O'Farrell family and I have also written to the family to inform them of the extension.
The Judge is of course completely independent in his work, and as Minister I can neither intervene in nor direct the course of the scoping exercise. My Department has been and continues to provide all necessary assistance to the Judge to enable him to complete his work, and the extensions have, as the Judge has stated to the family, been necessitated by the Covid-19 pandemic and the Judge's desire to be as comprehensive as possible in conducting the scoping exercise.
While I genuinely regret this further delay, I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible and this requires additional time. With regard to any further extensions, the Judge is of course completely independent in his work on this scoping exercise, and I cannot intervene in the process, nor can I place any restrictions on the Judge.
With regard to the passing of a Dáil resolution in June 2018 calling for a public inquiry into the events surrounding the incident in which Shane O’Farrell tragically lost his life, my predecessor as Minister initiated this scoping exercise to examine various matters. This is a reasonable and responsible approach to take. There are various precedents of scoping exercises being carried out prior to the setting up of inquiries or tribunals. A scoping exercise by a legal expert, to determine the net issues that might require further examination, is an exercise to ensure the success and completeness of any future action taken following the outcome of the scoping exercise.
Judge Haughton has been in contact with the O’Farrell family throughout his scoping exercise. I am awaiting Judge Haughton’s final report to me on the outcome of his scoping exercise and I can assure the Deputy that his final report will be an important part of ensuring that outstanding questions are answered.
