We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Questions on Promised Legislation

Shane O'Farrell inquiry debate

Summary

A long exchange followed on the Shane O'Farrell case, with Deputies arguing the GSOC report was inadequate and demanding a public inquiry and Dáil debate. The Taoiseach maintained GSOC was independent, said a second phase was under way, and repeatedly stated any debate was a matter for the Business Committee; the Ceann Comhairle arranged one hour of Government time.

On the death of Shane O'Farrell, I acknowledge that Lucia O'Farrell and the family are in the Visitors Gallery today.

The Taoiseach referred to the report. I have read the report and it is a sham. This was a failure across many of the agencies of the law. The report backs away from failure at every opportunity. On a number of occasions it accepts, as gospel, the words of An Garda Síochána. The report does not test it. It was many things and it took six years but it was not an investigation. I would be glad to take the Taoiseach through the individual failures in the report. It is clear to me that it should never have been a matter for GSOC because it went beyond An Garda Síochána. It is also clear to me that it is now time for a public inquiry to investigate the failures of An Garda Síochána, the Director of Public Prosecutions and other agencies.

Comment on this

In his reply to Deputy Bríd Smith the Taoiseach said that Shane O'Farrell would be alive today if avoidable events had not happened. Let us put it directly; he would be alive today if gardaí did their job. We have no less than 24 pieces of criminal justice legislation currently under consideration in this Dáil session. We will have a lot of extra laws but in this case we are talking about enforcement.

The Taoiseach referred to the publication of the GSOC report. I have read the GSOC report; it is in the public domain but to put it mildly it is a joke. The Taoiseach knows that anybody who reads the GSOC report will readily conclude that the only way to the bottom of this catastrophic catalogue of failures is with an independent public inquiry. The Taoiseach's predecessor did not rule this out. Will the Taoiseach rule it in? Will he commit to an independent public inquiry?

Comment on this

I welcome Lucia O'Farrell, her husband and family in the Visitors Gallery. They held a press conference this morning, at which they highlighted the fact that the man who had killed Shane O'Farrell had had 42 convictions. He had never been in prison for anything. On the night in question, the registration number of the car was flagged on the Garda's system. The driver was uninsured and the car had no NCT certificate. The people in the car who were known to the Garda were all under suspicion. I am asking for a public inquiry. Twenty Deputies attended the press conference and all agree that there is a need for a public inquiry. The Taoiseach has referred to the dark secrets in the country's history. This is another dark secret, one that tells a story about a catalogue of failures from the Office of the Director of Public Prosecutions all the way down to the investigating gardaí. If the Government ignores it, it will be ignoring the failures of the State to the O'Farrell family.

Comment on this

I call Deputy Gerry Adams.

Comment on this

The death of Shane O'Farrell uncovered a litany of failures within the Department of Justice and Equality and the justice system.

Comment on this

The Deputy's time is up.

Comment on this

I appeal to the Taoiseach to agree with the 20 Members and establish a public inquiry.

Comment on this

Cuirim fáilte roimh theaghlach O'Farrell fosta. I commend the O'Farrell family, in particular Lucia for her resilience and tenacity. Like many other citizens who have suffered an injustice, the O'Farrells have had to take on the State and been put through the wringer for the past six years or so. The Taoiseach is aware of the case. In a letter to me last September he wrote that, once GSOC had completed its work, the Minister for Justice and Equality would consider what action would be open to him. When the family met the former Taoiseach, Deputy Enda Kenny, he did not rule out a public inquiry once GSOC's report had been completed. The O'Farrells have, rightly, rejected that report which they did not receive until a year after it had been completed. Will the Taoiseach meet the O'Farrell family? Will the Government establish a public inquiry? Thirty Members of the Oireachtas support the establishment of such a public inquiry. The role of the Director of Public Prosecutions is key, just as it was in the case of the killing of Garda Tony Golden.

Comment on this

Deputies Eugene Murphy, Declan Breathnach, Niamh Smyth and Mattie McGrath are next.

Comment on this

I wish to ask about the roll-out of the national broadband plan. There were so many announcements-----

Comment on this

I am sorry, but does the Deputy wish to discuss this matter?

Comment on this

Then we will have to revert to the Deputy. I call the other Deputies on the same matter, please.

Comment on this

The word I would use for the O'Farrells is "forensic" because of way in which they have investigated the issue. Having read the GSOC report and examined it forensically, I do not doubt that the House needs to establish an independent public inquiry. A number of Deputies across the House have stated their desire that they wish to see it happen. Nothing will bring back Shane O'Farrell, but his family are endeavouring to ensure justice will be done and that what happened will not recur. As a Border Deputy, I would be concerned if people could walk in and out of the jurisdiction willy-nilly, a situation that will be compounded by Brexit, because the justice systems, North and South, including the Garda and the PSNI, did not share details of cases and convictions. That is at the heart of the issue. Deputy Gerry Adams referred to the case of Garda Tony Golden If this issue is not dealt with now, it will have a major impact on the child abuse and other cases that are coming down the tracks. Give the O'Farrells the public inquiry they deserve in order that we can get to the truth that they have already established.

Comment on this

I welcome Lucia and her husband and daughter. Their lives have been consumed not only by the death of their son and brother but also by the failures of the State and its justice system. Will the Taoiseach give one hour of Government time to debate these failures? The O'Farrells have been failed in the most abysmal and catastrophic way possible. Given that the family are present, will the Taoiseach set time aside to debate the matter today?

Comment on this

I welcome Lucia and her family. I thank and salute her for her bravery and tenacity over many years. It is appalling that citizens have to go through that. I include in my comments two young men from County Tipperary - Mr. John O'Brien and Mr. Pat Esmonde - who were killed off Helvick Head seven or eight years ago, a matter I have raised in the House. There was no proper investigation by the Marine Casualty Investigation Board or the Garda and no appeal for witnesses. Their families have been left languishing as a result. It is a disgrace. As such and not meaning to take away from the death of Shane, if there is a public inquiry, a number of other cases must be included. It was a tragic accident. What is happening is unbelievable. As for GSOC, we might as well have Tom the cat because it is not investigating properly. Ms Anne-Marie O'Brien cannot get answers from An Garda Síochána. The families have been promised deadline after deadline but given no answers. Ms O'Brien is seeking justice for her brother and his friend.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

First, the Garda Síochána Ombudsman Commission, GSOC, is independent of the Garda and the Government. If, as a House, we do not believe GSOC is independent, we will need to have a separate debate about that matter and a much more serious one. It is my understanding GSOC intends to publish its report in the coming days. Of course, after it is published, it can be discussed-----

Comment on this

It has been published.

Comment on this

It is out there.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

-----but I suggest that it be published before people-----

Comment on this

It has been published.

Comment on this

Will Deputies, please, let the Taoiseach answer?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

It is my information that it has not been published. Certainly, that is the information I have.

Comment on this

The Taoiseach's eye is not on the ball.

Comment on this

Ciúnas.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

GSOC has-----

Comment on this

Taoiseach-----

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I would like to answer, if I may.

Comment on this

Please, Deputies.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

GSOC has concluded that there was no conduct by members of the Garda that would constitute a criminal offence. Nevertheless, it has identified conduct that requires further investigation to determine if there were breaches of the Garda disciplinary code. It will now move on to a phase 2 investigation. It is in train and needs to conclude. I can, however, reiterate the commitment given by the previous Taoiseach that, once the GSOC investigation is complete, the question as to whether issues remain that require further investigation can be considered. We are certainly not ruling out a public inquiry. However, I point out that public inquiries and commissions of investigation also take very many years to complete. If we were to add the cases suggested by Deputy Mattie McGrath, it would take many more years, would not necessarily get people the answers they want and certainly would not bring anyone back.

Comment on this

What is the alternative?

Comment on this

What about a debate?

Comment on this

Will we have a debate today?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

That is a matter for the Business Committee, as everyone knows.

Comment on this

Will the Taoiseach allow one hour of Government time today? He has been asked that question.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

For two years it has been a matter for the Business Committee. Why do I keep being asked-----

Comment on this

We will ask the-----

Comment on this

The Taoiseach has been asked that direct question.

Comment on this

That is not the----

Comment on this
Leo Varadkar The Taoiseach Fine Gael

It is a matter for the Business Committee.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

As I said, it is a matter for the Business Committee.

Comment on this

Will the Taoiseach ask the Business Committee to meet today?

Comment on this

I will ask the Business Committee whether it will set aside one hour today for a debate.

Comment on this

I thank the Ceann Comhairle.

Comment on this

We will arrange it immediately after this session.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I should say the Minister for Justice and Equality is not available today.

Comment on this