George Nkencho was shot dead by an armed garda in his family's front garden on 30 December 2020. He was shot five times - twice in the back. Yesterday, we learnt that the garda who shot him will not stand trial. George's grieving mother, his sisters and brothers, a working-class migrant family, will now have to fight a long and hard battle for justice - even for basic information - as many others have had to in the past.

On Tuesday, the State apologised to the Stardust families. The House rose in standing ovation and everyone said, "Never again". Yet, just one day later, the State appears to many to be doing it all over again.

Deputy, hold on. As a matter of long-standing principle, we have a separation of powers. The separation of powers means that in this House, we do not criticise or comment on affairs before the courts. The Office of the Director of Public Prosecutions, DPP, is independent. Its actions and decisions may not be commented on in this House. That is in accordance with the long-established tradition, and the Deputy is long enough here to understand that.

Standing Orders state that a Member shall not be prevented from raising in the Dáil any matter of general public importance. It is matters of public importance that I intend to raise.

I am sorry. You cannot comment. I will not tolerate this from any Member on any side of the House. Before I am told what group the Deputy belongs to, no one in this Chamber is going to comment on any actions, statements or decisions of the courts or the DPP. Let that be clear.

Our hearts go out to the Nkencho family. The sympathies of every Member of this House are with them and the memory of their son, who should not have lost his life. However, we are not going to talk here about the decisions of the DPP. Let me be very clear about that.

This case was always going to be a litmus test for the State on how it treats the issue of race.

No. Sorry, Deputy. You may take another tack, but you are not going to engage in a debate here about a decision of the Director of Public Prosecutions. You are out of order in attempting to do so. I will have to take action if you persist.

In 2024, Ireland is not the land and Dublin is not the city of 100,000 welcomes for migrants or people of colour. A racist riot shook the city last November. A migrant was killed some weeks ago for speaking his own language. What message does a decision not to even send this case for trial send------

No. Please, Deputy. We will not have more of this. Please desist. Respect the honourable traditions of the House that have been respected for years by Members on all sides. Do not try to take us down this road.

I am stating a fact when I say-----

You can state any facts you like-----

Ceann Comhairle-----

-----but you will not come in here and abuse the long-established principle of the separation of powers. You will not come in here and make statements about decisions of courts or those of the Director of Public Prosecutions. It is as simple as that. You cannot have a separate-----

Will I be given my time back?

No, you will not.

I will not.

You cannot make-----

I will be censored on the floor of the Dáil for raising opinions-----

Excuse me, Deputy.

-----that are matters of legitimate public debate.

Excuse me, Deputy. The rules of the House impact on and apply to every one of its 160 Members in the same way.

The rules of the House state-----

There is no particular set of rules for you.

The rules of the House state-----

Resume your seat, Deputy.

-----that a Member shall not be prevented-----

You are out of order. Resume your seat.

-----from raising any matter of-----

You are out of order. Resume your seat.

-----general public importance------

You are out of order. Resume your seat.

-----even where court proceedings have been initiated.

You are out of order.

The Standing Orders are clear.

Resume your seat.

The Standing Order is clear, and I wish to make my point.

Resume your seat.

I want to make my point.

Resume your seat.

I will not resume my seat.

The House stands suspended for ten minutes.

We will resume Leaders' Questions. Will the Minister reply to the Deputy? The same protocols and procedures apply to him as to Deputy Barry.

Can I have a minute of my time back-----

No, you cannot.

-----if I steer clear from any comment on the DPP?

Yes, if you do that, I will concede that.

After rowing with the Ceann Comhairle, I want to agree with him that George Nkencho should not have been killed. I repeat, he was shot five times, twice in the back. His grieving family deserve answers on how their son was killed. Will the Minister agree the GSOC report is a matter of great public importance about how Garda killings are investigated, about how people can get answers on what happened, and is a matter of real public importance about how mental health crises, which George Nkencho was going through, are dealt with by the State? Will the Minister agree that the report should now be provided to the family and should be published?

I reiterate my deepest sympathies to the Nkencho family and to all those impacted by this tragic death. Any fatal shooting is distressing and traumatic for those who witness it and for those who grieve the loss of the person who died so suddenly. I know the community has experienced a trauma, and the family very much so, as a result of these events. I know for many people this development will be upsetting.

Fatal shootings involving members of An Garda Síochána are very rare in Ireland. All are independently investigated by GSOC when they do occur. This is the case with every incident involving members of An Garda Síochána that results in the death or serious harm of a person. I cannot and am not going to speak on behalf of the DPP as the DPP is entirely independent in her role and in respect of whether a matter should be prosecuted.

I understand that GSOC will engage further with George's family over the course of the coronial proceedings, which can now proceed. As there are statutory processes still live here, I am restricted, as we all know, in what more I can say. I would like to just again acknowledge that today will bring up very difficult memories and my thoughts are with all those continuing to grieve George's loss.

I repeat my question to the Minister. There was a GSOC investigation. The investigation went on for two and a half years. There were hundreds of witness statements. There was video evidence. There is a lot of stuff in that report. Today, that report is not available to the family. It is not available to George's grieving mother, brothers and sisters. I believe that report should be published and made available to the family. I ask where the Minister stands on that.

I will make the observation, and it is merely an observation, that the level of alienation among young people of colour in this State from the State is a matter that needs to be discussed and recognised. I have no doubt that what happened yesterday will deepen and strengthen that alienation.

Do not go down that road please.

That is something that must be debated and must be discussed.

I believe GSOC has notified the Nkencho family of their entitlement under the Criminal Justice (Victims of Crime) Act 2017 to a summary of reasons from the DPP for her decision not to prosecute as well as their statutory entitlement to request a review of the decision. I understand GSOC will continue to engage with the Nkencho family in the context of coronial proceedings and any other statutory processes that may arise. GSOC has reiterated its undertaking to make the substantive detail of its investigation publicly available as and when other statutory processes permit it to do so.